I live in the state of California. On my property I have3 people who are living there. Two of the people do notPay rent, utilities, etc., One person has, in the past, helped Me (financially) with my re-instatement of my mortgage (out of foreclosure). He started 3 months ago pushing me, intimidatingMe, and withholding his portion of rent/mortgage, pressing Me to sign a contract giving him a percentage of ownership In my property. No Way. He has since gotten more aggressive, Threats, druged & raped me, isolating me etc., I am no longer in Residence of my own home. Him and 2 of his friends live in My house. They are running up my sdge bill to astronomicalLevels $385/month, and there is so much more . I sent certified mail, return receipt, a 3-Day notive of Eviction. Pay or Quit. He owes me $625.75 (9-1 thru 9-30 rent, ½ last 2 months water, he won’t pay sdge at all). I saw him the nextDay and gave/posted the notice on my inside gate. This man, 24 hours later, sent a text to me outlining his Plans and How he would pay $125/month, his friend would chip in a few bucks and they would be staying. I did not respond (thought it was too stupid to answer to). 24 hours after he sent that text, he sent another: “No Response: A esponce not in the Negative, or a response in the affirmative All constitute a legal acceptance of the Offer, effective immediately”Is this true? The man is probably growing Marijuana in my garage, he is a felon and has Been to prison for drug trafficking (sweet Talked me into believing he has quit that lifeStyle). He is putting my property at rish of Being taken by the state, he has kept telling meThat the contract had to be clad iron tight so myChildren would not be able to break it if thereWas to be a accident that would cause me to be a Vegtable or dead, he drugged and raped me (whichI am unable to prove in a court of law) he has a thugLooking for me and where I am staying etc., I am Scared shitless (sorry for the bad work but it is true). I Want to get physically ill even now writing this to you In fear of what your answer will be. I am afraid that ifI go to the cops, they will take my home away from meOr worse, jusst laugh at me and my own stupidity in Believing someone like him. What exactly are my legal Rights in this situation? Oh yeah, I am blind. Teresa L. Adams
State/Country relating to Question: California
3 day eviction notice: pay or quit, was going to do a 3day eviction if that didn't work on the fact that I think he is selling or growing drugs on my property.
Hi - my name is XXXXX XXXXX X'm a Real Estate litigation attorney here to assist you.
No, it is not true that your failure to respond constitutes an acceptance of his offer. That is ridiculous.
If he doesn't get your rent up to date within the 3 day period, you can proceed to file an unlawful detainer suit against him and have him evicted as soon as possible.
You certainly can accept his offer, but there's no obligation to do so.
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I don't want to accept his offer, but I do need the rent and bills money he owes me. If I take that money, because ten to one he will have it, can I then give him another 3day evict notice on the basis of i think he is doing illegal drugs on my property? Do I have to stat e that in the notice? or do I have to give him a 30day eviction? Also, the other two people who are physically in my home, they have never paid for anything, can i just kick them out? I am afraid that the longer they stay the more of my personal property will go missing.
If you accept the money, you'll have to find another reason to evict him. If he is illegally growing marijuana plants, that is certainly a breach of the lease as you cannot allow illegal activity to be taking place on your property.
You can say that the tenant is in breach of the lease without specifying the drug issues.
Also, if the tenant is month-to-month, you can just give a 30 day notice (if he's been there longer than a year, there's a 60 day notice period).
If the others are not tenants, you can demand that they vacate as they have not been allowed to be there with your permission.
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