Unlawful Detainer
We were given a 30-day notice to quit on 12/1/01.
Is this notice legit, if there is no explanation as to why she is giving this notice?
WE asked the landlord if we could have more time,because we have no where to go. She said she would think about it. She told us we could have another month(verbally). She broke agreement and gave us summons on 1/4/02. We have a 6 month old and no where to go. We have court on 1/29/02 and we are asking the judge for a full 90 days and court fees. DO we have a good chance of this being in our favor?
Re: Unlawful Detainer
I am going to disagree with my colleagues. If she made an actual oral agreement, and you tendered the rent on January 1 – but then she “changed her mind” and filed a suit on Jan 6, you may have negated the 1st 30 day notice. Also, a 30-day notice is required to give a specific time to vacate, and allow for a lag on mailing or posting. I usually advise a landlord to give about 35 days notice, and set a sepcfic date for termination and move out.
Now the oral agreement cna modify the terms, or at least get you another 30-day notice properly done. You can also demand a jury trial – little known device used by tenants that I saw delay a trial date in the unlawful detainer. And if you choose to use a bankruptcy petition, it trumps even a writ of possession, and prevents the sheriff from putting you out on the street. The real issue is whether you have appeared and protected your right to make these arguments.
Wayne Smith
Wayne V. R. Smith
P.O. Box 3219
Martinez, CA 94553
Re: Unlawful Detainer
Unlawful detainer law is strictly construed by the court. As I understand the law the thirty day notice does not need to state a reason. The landlord cannot accept rent beyond last day of the thirty day notice.
Assuming the landlord accepted rent for the thirty extension, the thirty day notice is not valid. The only question is whether the court will accept the oral extension of the thirty day notice. If I were in your position I would take the position that the thirty day notice must be in writing.
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510
San Jose, CA 95112
Re: Unlawful Detainer
“We have court on 1/29/02 and we are asking the judge for a full 90 days and court fees. DO we” have a good chance of this being in our favor?
Not unless you have a great defense: no need to give reason for 30 day notice if there is no written lease for beyond 30 days.
Joel Selik
http://www.SelikLaw.com
Box 1448
San Diego And Las Vegas, CA 92079
Re: Unlawful Detainer
Probably not. The verbal agreement is your word against hers. Unless you are on a lease, and you have not breached it, she can give a 30 day notice for no reason.
If you are in a rent controlled area, there may be some exceptions, but don’t count on 90 days and fees unless she violated one of the rent control laws.
Ken Koenen
Koenen & Tokunaga, P.C.
5776 Stoneridge Mall Rd., Suite 350
Pleasanton, CA 94588
Re: Unlawful Detainer
No chance at all. Your only option right now is to file a bankruptcy before your court hearing date. After the hearing date you’ll have five days after your rental unit is posted. And then the Sheriff will put you out. If the fifth day falls on a weekend you’ll have the following Monday to vacate. The judge will feel bad about it. However, he/she is sworn to uphold the law, and he/she will have no choice. The posting will take place at the earliest the day after the hearing.
Victor Hobbs
Victor E. Hobbs
23161 Tulip Street
El Toro, CA 92630-4534