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Ask CalAttorney2 Your Own Question
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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My landlord did not comply with the terms of the first

Customer Question

My landlord did not comply with the terms of the first lease,then gave me a second lease, does that change the terms of the first lease where monies due me were not paid? There was a 2500 deposit in the 1st lease that never returned or credited. He gave me an eviction notice and I want to get my deposit back as well as all the work and money called for under the original lease. Is there a way to reverse the lock out scheduled for August 3/15. Can a lawsuit or any other action delay or get the matter in court for disclouser.
**** Baker *****
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 2 years ago.
Dear Customer, if there was already a court order issued in this matter, you are left with very limited recourse.You can make a "Motion for Reconsideration" (this is a less favored remedy, and is rarely successful, it must be based on "new facts or new law that were not available at the time of the initial hearing" and basically you are asking the judge to reverse their earlier decision).Or,You can file an appeal of the court's decision. This is an appeal of the court's ruling to a higher court (if it is an unlawful detainer action, this usually means that it was issued in small claims (or Justice of the Peace) court and you will be appealing the matter to the Superior Court or Trial Court's Appellate division, but if your court order was issued by the trial court, you will have to appeal to the Court of Appeals.Keep in mind, an appeal by itself does not stay the eviction, to do this you must also file a "motion to stay enforcement" with the court that issued the judgment. This is a separate motion that asks the court not to enforce its judgment pending the outcome of the appeal. The court may require you to post a bond or some other security to protect the landlord's interests (such as paying rent into an escrow account for the period in question), but it will allow you to continue possession of the property while your appeal is being decided.Unfortunately, this is not very simple procedurally and there are not generally forms available to do this. You can however visit your local law library and use a set of books called "practice guides" these are books lawyers use for strategy and quick references to legal authorities, they also have templates that you can use for these motions and pleadings to help you draft them more effectively.

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