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LegalKnowledge
LegalKnowledge, Attorney
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i recieved a notice of restricted access-ccp 1161.2 today on

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i recieved a notice of restricted access-ccp 1161.2 today on the 1st and it was send and left in the regular mail box and was filed on the 23 of august was this document mailed wrong because i have 5 days to respond and i just got the mail today so can i file anything to have a change to prove i am not guilty of violating any part of the rental agreement
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. The 5 days in which you have to respond would start from when this was received. As such, you do still have a legal right to file an answer and respond/raise any defenses which you may have. There is nothing wrong with the fact that this was mailed, since that is pursuant to the rule, which I have provided a link to below, for your review.

http://law.onecle.com/california/civil-procedure/1161.2.html

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.

i need to respond to fight this but how do i know what i did or how much i owe to settle the rent situation. i was living at a home where the owner said raised my rent from 1200 a month to 1450 a month and wanted another pet deposit of 200 dollars, I did not agree to these terms and told her i will pay the 1450 in 2(months) because she raised the rent well over 10 percent and i lived there for over a year so i need 60 days, how do i know what i am being evicted form or what

Expert:  LegalKnowledge replied 1 year ago.
As you mentioned above, when a tenant has lived in the unit for one year or more, a landlord must give a sixty-day notice to terminate a month-to-month tenancy (Civ. Code § 1946.1). If the landlord failed to do so, you could have a defense that the proper notice was not given. Based upon the facts which you stated above, the reason for the eviction is a result of failing to pay the agreed upon rent and remaining in the property, after the lease has expired. The landlord is under no legal obligation to accept partial payments if they do not want to and unless the rent is paid in full, they can proceed. If you respond, you will certainly want to address not receiving the proper notice, which may result in the landlord having to dismiss the complaint and then starting over, after the 60 days has passed and if you still remain.
Customer: replied 1 year ago.

Does the landlords action of filing 1161.2 affect my credit and how can I fight or counter sue for damaging my credit and how do you respond, what if there is no copy of the original lease or the landlord cannot find it and thinks my ex girlfiend had it

Expert:  LegalKnowledge replied 1 year ago.
If the landlord is suing for a breach in the lease agreement and can not produce it then he will have a hard time proving his case. If it is based upon the increase in rent which you did not agree to pay and yet still remained then he will need to produce the letter evidencing the 60 day notice and increase. Your credit should only be effected if he obtains a judgment and you do not pay and he sends the matter to collections. If he has no legal basis to sue and you suffered damages you would need to file a counter claim against him.
Expert:  LegalKnowledge replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 1 year ago.

should i go live in a hotel or stay in the house until i find a new place, i would like to actually repond and raise a defense, i would like to request some articles of discovery (lease) not sure if i can get a copy of what i signed, what if she does send me it how can i get it, bc see is blaming me for the weeds in the back yard and the pools dirtiness, i am in a wheelchair and i have limited hand function so i don't do manual labor, nor did i agree to pulling weeds, i was under the asumption the gardeners that she has take care of the yard and she is saying that would take care of the yard.


 


She wrote :
This isn't keeping the house up, as you described you have been doing. You have another adult with you in the home and someone could have sprayed weed killer or pulled these weeds. The cost of cleaning this will be added to the amount you current owe.


 


how should i handle this not sure but i know i never agreed to pull weeds

Expert:  LegalKnowledge replied 1 year ago.
You have every legal right to file an answer and raise any legal defenses that you have. You do not have to move out, until you are ordered to do so by the Judge, if you think you have a right to stay. The lease is going to control and the landlord would need to produce it to show the obligation to maintain the exterior of the home was your responsibility and you failed to do it. If you were unable to do so, as a result of a disability, that would be another issues. Moreover, the landlord would need to provide evidence, so photos, to show exactly how bad these weeds were and if it was enough for a breach of the lease.
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