Legal Question in Real Estate Law in California

Hi, I really need advice on my rights as a renter. about a week ago I got a letter from the property owner/building owner that I rent from. The letter says that due to financial hardship they are issuing a 30 notice to vacate the property, and that they will have the water/sewage shut off on 7/5/11 since they are going out of business...

that is not enough time for me to find a new apartment to live in! is there anything I can do to buy some more time??

Thank you in advance

Merced, CA


Asked on 6/12/11, 12:58 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

The answer depends upon whether you are subject to a local rent control law or not. You need to check with the governmental entity in charge of where you live. If there is no rent control, and if you are not covered by a lease that is more than month to month, the landlord can give yo a thirty day notice, but he can not shut off the utilities until all tenants are gone from the building.

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Answered on 6/12/11, 7:26 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Civil Code section 789.3 forbids landlords to turn off or interrupt utility services of all kinds to induce a tenant to move out. It also forbids changing the locks, etc. It provides civil penalties as well. So, even if your lease has expired, or your rental has been terminated by an otherwise lawful 30-day notice, a landlord cannot engage in this kind of pressure tactic to speed up an eviction.

In addition, Civil Code section 1940.2 lists other unlawful actions by a landlord to influence a tenant to vacate, and provides civil penalties. Among the prohibited activities under this section are use of force, willful threats, menacing conduct, unnecessary lawful entries, extortion and theft.

You should look up these statutes and discuss the situation with other tenants who received such notices.

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Answered on 6/12/11, 10:36 am


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