Legal Question in Real Estate Law in California

My rights

Ihave recieved a 3 day notice to pay rent or quit on Friday March 5, 2007. It states that i owe way more money than i naturally owe. I owe for only this month. 3-1-07. I have no reciepts to prove this. The owners do not provide this each month. One way or the other someohow they manage not to give me a rental reciept. I rent a room from them for $700.00 a month. Its just me and 3 sons and 1 daughter. I have been renting this room since 5-2-06. They are from Mexico. It is hard at times to talk and communicate with these people. Theryre ways of living, are totally different then ours. Alot of things are not right in this household. They will not hear of it. I dont know who i can complain to or bring the attention it desperatly needs. I am expieriencing a really tough time right now and have no other options at the moment. I am seeking another place, but till i am sure about this change i need to know if im ok here, or if i can be put right out. There are other people who also rent a room here. They are all illegal immagrants. They dont care much about the ways of living either.

Asked on 3/06/07, 4:37 am

2 Answers from Attorneys

Judith Deming Deming & Associates

Re: My rights

If you have not paid the rent, then the landlord can serve you wth a 3-day notice to pay or quit (that means get out);then, if you have not paid the rent after three days and have not moved out, the only legal way to remove you is to file an unlawful detainer lawsuit and have you served; at that time you will have five days to file an answer with the court providing the reasons why you believe that you should not be evicted. If you file an answer with the court, you can bring up all the complaints you list here. Be aware, however, that if the landlords are doing something wrong, they were doing something wrong all along, and it is strange to bring up your complaints only after you have failed to pay the rent. If you want proof of having paid rent, pay by check or money order and keep copies of your stubs, etc. It does not matter how long you have been living there, and it does not matter that you are having a "tough time", as that is no one else's fault.

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Answered on 3/06/07, 12:28 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: My rights

In addition to what Ms. Deming has said, I would add that your rights are also limited by your lease or rental agreement. If you are on a month-to-month arrangement, you can win the first battle, but lose the war because the landlord will simply give you a 30-day notice. On the other hand, if you have a five-year lease with 4-1/2 years left at a very favorable lease rate, you have every reason to fight the 3-day notice and to resist any eviction attempt. Your rights and your wisest response to the landlord's actions will very much depends upon what's at stake for you.

Finally, remember that the Pilgrims at Plymouth Rock in 1620 were illegal immigrants in the mind of some of the Indians of what we call Massachusetts.

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Answered on 3/06/07, 10:05 pm

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