Legal Question in Landlord & Tenant Law in California

my boyfriend of three years just handed me a three day notice through a friend only after i had him arrested for domestic violence , i didnt put a restraining order ,im kicking myself noe, but has now decided that i need to go after living there with him for three years. i dont mind leaving but he wants to just cut me off of everything, what are my rights, how should I respond to this threee day vacate paper that was served to me ,is this even legal what he did?

Asked on 2/16/12, 5:36 pm

1 Answer from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

First, you need to evaluate whether it is safe to remain there. So often, a person who commits domestic violence once, will do it again. Your safety must be your priority.

As for the 3-Day Notice, what does it say for the reason that you are being asked to leave? If it's non-payment of rent, then whether you need to leave depends on whether the 3-Day Notice is accurate. If you owe rent, then you need to pay it, within the 3-day period.

If the notice is simply the result of your having him arrested, then it is not effective to get you out. You can simply stay and tell your story to the judge, if he starts an unlawful detainer (eviction) action against you.

But, then, you are in the same situation of living with a person who commits domestic violence.

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Answered on 2/20/12, 11:41 am

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