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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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Just received a civil code section 827 from my landlord

Customer Question

Just received a civil code section 827 from my landlord trying to evict my family
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 8 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

What are your specific questions about the notice you received? How much notice were you given? Do you have a lease for a set term?

Customer: replied 8 months ago.
I was given a 827 form informing my rent will decrease and that the month to month will change. I was given notice two days ago, I been here over 20years really don't remember getting lease. Landlord and my father made terms 20+ ago
Expert:  Lucy, Esq. replied 8 months ago.

Did you mean to say that the landlord is lowering your rent?

Are you in an area of California that has rent controls? (And if so, where?)

What is the date of the change on the notice?

How is the month-to-month changing?

What information would you like from a lawyer?

Customer: replied 8 months ago.
I live in San Francisco, CA March 14,2016 when received notice. Says going back to original lease prescribed 1162 code of civil procedure
Expert:  Lucy, Esq. replied 8 months ago.

I understand that you just got the lease. When will the change be effective? I'm trying to determine if you received proper notice, which means I need to know when the landlord is trying to make the change happen. I really need you to answer each and every question I've asked so I have enough information to tell you what it is that you want to know.

Is your building subject to San Francisco's rent controls? If you don't know, when was it built and what type of structure is it? How is the landlord trying to change your lease? Section 1162 of the Code of Civil Procedure just talks about how to serve a notice. So, when you say, "Says going back to original lease prescribed 1162 code of civil procedure," I don't know what that means. If the landlord is asking you to leave, what is his reason for doing so?

Often, when people only present a set of facts, the issues that jump out at us aren't necessarily the things you're curious about. Too often, without a list of questions, we'll wind up telling you things you already knew. With that in mind, what are your specific questions about this fact pattern?

Customer: replied 8 months ago.
Did not receive a new lease yet. Building under rent control been hear over 20 years. He get a incredible amount of rent if I leave. He's doing everything he can to get my family out. I received the notice along with my two kids and ex wife
Expert:  Lucy, Esq. replied 8 months ago.

We seem to be having some trouble communicating. This happens sometimes due to the limitations of this forum. It's time for me to sign off for the evening, so I'm going to open your question up to other experts. Perhaps you'll have better luck with one of them. Good luck.

Expert:  Phillips Esq. replied 8 months ago.

I am sorry, but I do not understand your post.

What is your specific question?

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