Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Defense of an unlawful "Unlawful Detainer." My landlord

Customer Question
Defense of an unlawful...

Defense of an unlawful "Unlawful Detainer." My landlord notified me with less than 30 days left on my lease that I would not have my lease renewed. I believe I deserve more time after 3 years and 3 lease renewals.. When I questioned the final dollar amount (in the form of a 3 day cure or quit) taped to my door on 9/3, I was ignored. When I provided a "notice to vacate," to address my security deposit and the Incorrect amount on the notice, I was ignored. August 23rd the property manager served us with a file of unlawful detainer.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California San Bernardino

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

1 year lease to end 9/1. No issues other than "no notice that my lease would not be renewed"

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's all for now

Submitted: 11 months ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 10 minutes by:
9/15/2017
Lawyer: TJ, Esq., Attorney replied 11 months ago
TJ, Esq.
TJ, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 12,803
Experience: JD, MBA
Verified

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Under California law, a landlord must give at least 60 days notice that the lease will not be renewed (provided the tenant has lived there for more than one year, which is the case here). Accordingly, if the notice did not give you at least 60 days, then it would be invalid. I'm assuming, of course, that your rent is current. If you haven't paid rent in full, then the landlord can serve you with a 3 day notice to cure or quit, and he can file the unlawful detainer if you haven't done either within those 3 days. But you didn't mention anything about failing to pay rent. Accordingly, it sounds to me like the landlord has not handled this situation correctly since you did not receive enough notice, and he served you with a 3 day cure or quit notice when in fact your rent is current. Moreover, you indicated that the unlawful detainer was served before the lease even expired on 9/1. So it sounds like you have several viable defenses here.

Does that answer your question(s)? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

Ask Your Own Landlord-Tenant Question
Customer reply replied 11 months ago
The facts are: When I arrived to drop off my rent for August and resign the leasing agreement for 2018, the leasing office told me," oh we have you moving out on the 8th of August. So because they were very confused and did not have an answer why, I withheld my rent until they figured out what was going on. They promised to call Corporate Lewis Home office and get back to me. They got back to me by serving a 2nd 3 day cure of quit tapped to my door in an amount "exceeding" my monthly rent. So, not only were we not afforded a notice of non renewal of our lease, but we have (3) different 3 day cure of quit notices with different amounts. So I have not paid a dime because the office will not give me an explanation of the odd dollar amount and they also will not respond to my "notice to vacate" to address the security deposit, final walk through etc. Their position is; just give them my money and go away. As if I have no rights to question them, ask about the excessive dollar amount on the cure or quit notice or discuss any final financial agreement. PLEASE ADVISE ON: How do I present to the court the injustice that has been occurring? What is the court process I will walk into on Monday 8am?
Customer reply replied 11 months ago
Hello?
Lawyer: TJ, Esq., Attorney replied 11 months ago
Hi again.Unfortunately, I doubt a judge will agree that the confusion over the non-renewal of the lease is a valid reason to withhold rent. After all, you're still using the property. So that is a problem. I would go to court with a check in hand to immediately bring the rent current.Then I would simply point out that I have been living there for well over a year. And therefore I should be given at least 60 days notice to vacate. Hopefully the judge sees it that way in light of the fact that rent wasn't paid.
Ask Your Own Landlord-Tenant Question
Lawyer: TJ, Esq., Attorney replied 11 months ago

Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq.
TJ, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 12,803
12,803 Satisfied Customers
Experience: JD, MBA

TJ, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
How do I answer a Unlawful Detainer Case. San Leandro, CA.
landlord gave us a 3 day notice pay or quit but the agreement indicate that he should give me 30 days to cure. Then he doesn't want to renew our lease. Our lease ended January 31, 2018. The 3-day notice state that I owe November, December and January. This is wrong, I only owe November and December. I have my last month's rent and security deposit of $1,200 still with him. I know he will file an Unlawful Detainer Case but I need more time to look for a place to move.… read more
KLAW
KLAW
Juris Doctorate
2,377 satisfied customers
My current lease will end at the end of the month. My
Hello, so my current lease will end at the end of the month. My roommate, who is not on the lease with the leasing office and just on a verbal agreement with me, decided to not pay rent and told me he… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I am in orange county california. San clemente . This is my
I am in orange county california. San clemente . This is my house i leased to have a roommate for 6 months after the 6 months he kept avoiding me and would not come to any mutual agreements . He had r… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I was subletted a room by a person, "Jodie", 8 1/2 months ago.
I was subletted a room by a person, "Jodie", 8 1/2 months ago. It was rent plus 1/4 utilities.Through 8 months I would ask for a breakdown of the utilities for the whole house. Each month I was denied… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
2,175 satisfied customers
This is regarding my case previously asked before,can you
This is regarding my case previously asked before,can you please provide me of the consequences the tenant in Nevada will face in violation of the lease.… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I have a tenant that came back to the house with 2 police
I have a tenant that came back to the house with 2 police escort and apparently incoherent because the gardener who was working in the yard heard him saying "who is Amy?". I am Amy, his landlord. The … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
My daughter is getting a divorce and her husband is refusing
My daughter is getting a divorce and her husband is refusing to get his things out of the house that is owned by me. How can I evict him… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
My son was shooting a video in the apartment complex that we
My son was shooting a video in the apartment complex that we live. he was at the pool area with a bong smoking for the video purposes. After a few minutes one of the managers tape a letter our door. t… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I rec'd an Advance Notice of Lease Termination At End of
I rec'd an Advance Notice of Lease Termination At End of Lease or Renewal Period from an apartment and would like to know if I am required to move out by the date indicated or do I have other options.… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
My daughter, age 27, lives in Massachussetts. She has
My daughter, age 27, lives in Massachussetts. She has received a Notice to Quit (in 7 days) from her landlord. What are her options?… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I have a tenant who had a lease in Georgia she wanted to renew
I have a tenant who had a lease in Georgia she wanted to renew her lease and I told her no we had a clause in the lease at either party could tell the other party 60 days before that they would not be… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I have been leasing a house (month to month) in Portland Oregon
I have been leasing a house (month to month) in Portland Oregon since December of 2014 . I just found out the house was purchased on june 26 2015. the new owner of the property showed up 3days ago jul… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I'm in Kona Hawaii. My tenant did not sign the lease. Within the first week of moving
I'm in Kona Hawaii. My tenant did not sign the lease. Within the first week of moving in March 3rd of this year tenants blew up canisters of oil the fire marshall came and gave a warning. I've been fi… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
In ohio can the landlord change the locks on tenant
In ohio can the landlord change the locks on tenant for nonpayment if there is no lease agreement… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I the tenant has lived in a residence years. Had a 1
I the tenant has lived in a residence for 9 years. Had a 1 year lease that was over after the 1st year. We made verbal agreement to keep renting for a different amount stated on 1st lease and did not … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
History My written lease is a 6month automatic renewing
History My written lease is a 6month automatic renewing lease . It states that the lease renews automatically every 6months for a 6month term unless either landlord or tenant gives 15days written noti… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I am renting an apartment in New Hampshire. I have to give
I am renting an apartment in New Hampshire. I have to give 60 days written notice if I do not wish to renew my lease for another 10 month lease agreement. That day is September 1st 2014. Today, August… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,264 satisfied customers
Re: California Real Estate Landlord Tenant Law Landlord
Re: California Real Estate Landlord Tenant Law Landlord is upping my rent by 1100 dollars. We used to be the most favored residents and after we made a couple complaints, we have now entered a "commun… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x