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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: 8 months ago.Category: Landlord-Tenant
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Answered in 10 minutes by:
9/15/2017
Lawyer: TJ, Esq., Attorney replied 8 months ago
TJ, Esq.
TJ, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 12,663
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. :)

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Customer reply replied 8 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 8 months ago
Hello?
Lawyer: TJ, Esq., Attorney replied 8 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.
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Lawyer: TJ, Esq., Attorney replied 8 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.

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