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Month to month verbal agreement, and lived in residence for…

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Month to month verbal agreement...
Month to month verbal agreement, and lived in residence for 16 months. August 30th we were given a 60 day notice because he wanted us to sign a year lease. Verbally agreed we would stay for a year. Rent paid and accepted in sept and October. The 60 day notice would have been effective October 30th.
Instead I met with landlord in November and no notice was even brought up as still enforced. November rent as well as post dated check for December rent was accepted by landlord. Wouldn't that void the 60 day notice? After November rent accepted and cashed on Nov 22, unlawful detainer filed based on 60 day notice which expired oct 30th.
Submitted: 7 months ago.Category: Landlord-Tenant
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12/4/2017
Lawyer: barristerinky, Attorney replied 7 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,596
Experience: Attorney over 17 years, landlord 26 years
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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.

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Wouldn't that void the 60 day notice?

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Correct. Once the landlord accepted rent after the 60 day expired, it created a new month to month tenancy and if they wanted to terminate it they would have to start all over with a new notice.

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So you have a legal defense to the UD action and the judge should throw the case out..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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Customer reply replied 7 months ago
what do I file in response to the ud?
Lawyer: barristerinky, Attorney replied 7 months ago

You have to file an Answer with the court if you wanted to fight them on it and list your defense to their claims..

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The Answer form is available on the CA Court website here:

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http://www.courts.ca.gov/documents/ud105.pdf?1512413933229

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thanks

Barrister

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Customer reply replied 7 months ago
Can you file the response online
Lawyer: barristerinky, Attorney replied 7 months ago

No, you have to actually go down to the court and file it..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

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Customer reply replied 7 months ago
Well is there anything you would firther be able to help me do if i pay you
Lawyer: barristerinky, Attorney replied 7 months ago

Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need local counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

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But your case is pretty clear.. .if you paid the rent and the landlord accepted it after the 60 day expires, then the case should be dismissed ... You don't really need an attorney to say what you can say yourself and present your proof of payment to the judge..

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Customer reply replied 7 months ago
Correct but what do I write in my response required 5 days later
Lawyer: barristerinky, Attorney replied 7 months ago

Have you even looked at the Answer form I gave you a link to? It pretty much tells you exactly what to put and where to put it..

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Lawyer: barristerinky, Attorney replied 7 months ago

The "response" that you have to file within 5 days is the Answer... I thought that was clear...

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Lawyer: barristerinky, Attorney replied 7 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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