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I have questions regarding unlawful detainer. This regards…

Hello. I have questions...

Hello. I have questions regarding unlawful detainer. This regards ***** ***** and her current residence. Can you help me?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Her apt is in Santa Clara, CA.

Lawyer's Assistant: Has anything been filed or reported?

No. But the leasing office has communicated a three-day notice has been delivered as of Jan 10, 2018, end of business day. I have not been to the unit yet.

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

Given Monday is a holiday, and I had been planning to move her anyways, I was wondering what could be her options at this point. Could I simply move her out over the weekend?

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Answered in 5 minutes by:
1/11/2018
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 15,208
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Customer reply replied 6 months ago
Ok

Good evening,

I'm going to assume that your mother was given a 3 day notice to "pay or quit" due to a delinquency in rent? Basically, this notice says that she has to either pay what is owed within the 3 days or "quit" the premises. If she doesn't, but doesn't leave, then the landlord has to file for an eviction in court (which could take weeks) and get a court order. They cannot simply lock the door and put her out within 3 days, is what I am saying. To do so would be "self-help" and a landlord could actually be sued for doing things like turning off utilities, locking out a tenant, etc.

Now, while yes you can move your mother out, understand that this doesn't absolve a person's obligation under a lease. For example, if your mother has 6 months left on her lease and leave, she is still considered in breach of her lease and the landlord could still sue her for the amount remaining under the lease agreement.

Please let me know if I may clarify anything or provide you with additional information. Thank you.

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Customer reply replied 6 months ago
Thank you. She is in a month to month lease. There is a form for a 30 day notice, however given it's a non profit organization which manages the apt complex, is the likely hood of her being brought to court (in the event she DOES vacate) even high?
Customer reply replied 6 months ago
Thank you. She does have a month to month lease. There is a form for a 30-day notice, however, given it's a nonprofit organization which manages the apt complex, is the likely hood of her being brought to court (in the event she DOES vacate) even high?

I cannot say for certain --they may just wish her gone. Litigation is expensive and if they feel that the chance of recovering the money is slim, they may just be happy to have her gone.

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Customer reply replied 6 months ago
How can i find out if they have filed such cases with prior tenants? Superior court records for that county ?

Yes, unlawful detainer actions are public record, so you can look up records with their name and see if anything comes up. Not all counties put their court records online anymore, unfortunately (meaning you'd have to likely go in person, if that's the case).

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Just following up with you to see if there is anything I may clarify for you or there is some additional information I can provide ? If so, please reply back to this conversation, and I'll be more than happy to assist you Otherwise, please remember to leave a positive rating for me by clicking on the stars at the top of the page, as this is the only way experts like myself are compensated by the website for our time and assistance. Thank you.

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Customer reply replied 6 months ago
I have a doctor's note claiming her current residence unsafe, or that she requires 24/7 supervision if available. Can this note be used to reduce the 30 day notice to release her from her current lease or avoid unlawful detainer?

When you say unsafe, do you mean that is uninhabitable (e.g., no running water) or do you mean that it is unsafe for her because of her medical condition?

California landlord-tenant law unfortunately does not address a situation where a person has to terminate a lease early due to the need for more specialized care. There are very limited exceptions afforded when a lease can be terminated early, such as when a person is active duty military and must relocate, when a person is the victim of domestic violence, or when a landlord fails to provide habitable housing under the law (what a court would consider a "constructive eviction").

That said, the landlord/property manager may be willing to release her from her lease early given the circumstances, but they aren't legally obligated to do so.

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Customer reply replied 6 months ago
The lease is month to month and requires a 30 day notice / form. This cannot be altered?
There’s no provision under California law saying a landlord has to let a tenant out earlier under the circumstances you describe (unfortunately as I mentioned there are very few legal grounds upon which a landlord is required by state law to do so). Therefore it ultimately comes down to a decision of the landlord. I realize this is not fair, indeed few states – and none that I can think of off the top of my head – afford seniors protection to terminate the lease early in situations where they need more specialized care. While I believe it is something we should do, that is a matter for the legislature to take up. I can only tell you what the law provides. I would definitely bring what the doctor wrote to the landlord and discuss with them whether they will let you terminate your mothers lease early and without penalty.
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Customer reply replied 6 months ago
It is unsafe for her due to her medical condition. Her walking is slightly compromised at her age, and her memory isn't reliable.
Customer reply replied 6 months ago
I currently reside in a one bedroom apartment which is also a month-to-month lease. At the recommendation of a social worker, a letter from my mother's doctor be submitted in order to change the lease to accommodate my mother, whilst a long-term residence is set in place. I am concerned for this as well, since the property management company initially denied my application, and only accepted after negotiating a higher security deposit.

Understandable. So they don't seem keen on doing favors, and while I wish I could direct you to a statute that says they have to just let her out of the lease now without that 30 day notice, there isn't one. If you were to move her out now, regardless of what the landlord said, they could still hold her to that last month rent, and if it goes unpaid, send it to collections or sue her. Neither one of those things may be worth it to a property manager against an elderly client who they may never collect from anyway, I'm just making you aware of the possibility.

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If there's anything additional, please reply and let me know.Otherwise, I would appreciate a positive rating by clicking on the stars at the top of the page, as I am only paid for my time and assistance once you leave a positive rating. Thank you.

RobertJDFL
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