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My son has paid rent on-time but has been ordered to vacate…

Customer Question
My son has paid...

My son has paid rent on-time but has been ordered to vacate by 11/30/2017. He has a standard rental agreement with 30 day notice. Eviction id threatened.

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

Eureka CA

Lawyer's Assistant: Has any paperwork been filed?

No.

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

My son seeks refund of damage deposit and a reasonable move-out date.

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 7 minutes by:
11/25/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,210
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 4 months ago
What can we do now?
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

How long has he been living on the property?

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Customer reply replied 4 months ago
Approximately 4 years
Customer reply replied 4 months ago
4 years
Customer reply replied 4 months ago
Are you there?
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm here. I'm just a slow typer. One moment...

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Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

Ok, so if he was on a month to month agreement and he was living there longer than one year, then CA says that he requires at least a 60 day notice before he is evicted. The only exception would be if he did something that violated the lease agreement and allowed for a 30 day eviction. If he was on a yearly lease, then a 30 day eviction notice is again insufficient, but only if he didn't do anything to violate the lease agreement. Accordingly, it is possible that the landlord is violating the CA civil code in this respect.

Moreover, a landlord can only charge a reasonable amount for the damages and cleaning upon move out. This means that if what they charged is unreasonable, a court may require them to pay back beyond what was reasonable. You may want to consider just sending a formal demand letter.For just $5, you and I an exchange contact information and have some private question and answer time. I also know of something that can help you with this situation. If you click here, you can request an attorney-prepared demand letter for a flat fee (usually around $250). Turnaround time is less than 48 hours. Take a look at the link and fill out the contact form if you’re interested.

Did you have any other questions for me today that I could help you with?

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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).

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