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I need help concerning my daughter. She just got an eviction…

Customer Question
I need help concerning my...
I need help concerning my daughter. She just got an eviction notice and we need to know her rights as a tentant
Submitted: 2 months ago.Category: Consumer Protection Law
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Answered in 1 minute by:
5/30/2018
Consumer Protection Lawyer: Barrister, Lawyer replied 2 months ago
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 42,998
Experience: Attorney,17 years experience in consumer protection areas
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply as I am an actual practicing attorney, not an employee of JustAnswer.

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If you can post your legal question and some of the back story about what is going on, I should be able to help.

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.

thanks

Barrister

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Customer reply replied 2 months ago
she signed a year lease in California was told to maintain the front which she did although it needs mowing as of today. the notice was said the lawn was not maintained. they gave her a 30 day notice
Customer reply replied 2 months ago
does she have any rights as a tenant
Customer reply replied 2 months ago
I do not want a phone call. Just a bit of info please
Consumer Protection Lawyer: Barrister, Lawyer replied 2 months ago

Ok, so is this a 30 day notice to cure the lease violation?

.

.

thanks

Barrister

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Customer reply replied 2 months ago
no to leave premises in 30 days
Consumer Protection Lawyer: Barrister, Lawyer replied 2 months ago

is she still under the fixed term lease?

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Consumer Protection Lawyer: Barrister, Lawyer replied 2 months ago

Ok, then this is improper because under CA law, the landlord has to give a 3 day notice of lease violation to remedy the lease violation or they can then file to evict. See CA Civil Code 1161(3).

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So she has to be given an opportunity to fix the problem before they can terminate and evict.

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Now if they have given her 3 day notice o cure in the past, then she is kind of stuck here because they don't have to give a 3 day every time the grass needs mowing..

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Customer reply replied 2 months ago
even if its a year lease not month to month?
Consumer Protection Lawyer: Barrister, Lawyer replied 2 months ago

Correct. If they have given her prior 3 day notice, and the violation happens again.. then they can literally go down and file to evict right away. If this is the case, then they don't have to give the 30 days, but are doing so to give her a chance to move on her own rather than be evicted through the courts and have that on her permanent record..

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Apparently this landlord is really serious about the lawn maintenance.

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thanks

Barrister

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Consumer Protection Lawyer: Barrister, Lawyer replied 2 months ago

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister

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