Legal Question in Real Estate Law in California

What rights do I have as renter when served notice of eviction? San Mateo County, Ca.

Asked on 9/04/13, 1:13 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Well, the rights are significant -- but dependent upon several circumstances, none of which is mentioned in your very brief question. In order to answer usefully, we would need to know:

1. Are you on a long-term lease, or month-to-month rental?

2. If it's a lease, did it just expire?

3. If it's a month-to-month rental, have you been there over a year?

4. Were you given a written notice? If so, was it properly delivered? Did it specify that you had a right to cure, e.g., by paying rent or correcting some other breach of the lease?

5. If what you got was indeed a notice of eviction, was it the first notice you received, or were there previous notices?

6. Any allegations of drug dealing or other criminal activity?

7. Anything else unusual about the circumstances?

8. Have you had other communications with the manager or landlord, before or after receiving the notice?

9. Has there been an "unlawful detainer" lawsuit filed against you?

10. Is the property residential or commercial?

11. Does your community have any rent control or special tenants' rights ordinances?

The answer to each of these questions could lead, in turn, to several additional questions.

Sorry I can't give you any more specific response; there are just too many different answers depending upon the circumstances.

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Answered on 9/04/13, 1:33 pm
Anthony Roach Law Office of Anthony A. Roach

You have the right to consult with an attorney of your choosing and should do so immediately. You have five (5) days to have an answer served and filed with the court in the unlawful detainer matter.

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Answered on 9/04/13, 1:59 pm

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