here may be problems that you can resolve without an attorney. The California Department of Consumer Affairs (DCA) has a website with excellent information and sources of information. You may want to consult them. 10. Hire an attorney. When all…
Posts Tagged With: eviction defense
California Debt Blog: Tenants May Be Able to Legally Withhold Rent in California
This is a riskier way of trying to get the property repaired. By law, a tenant is allowed to withhold some or all of the rent if the landlord does not fix serious defects. These defects must make the property…
California Debt Blog: Repair and Deduct can be beneficial for tenants – if used properly
Repair and deduct allows you to deduct money from the rent to pay for repairs. The steps include: 1. The defects must be serious and directly related to the tenant’s health and safety. 2. The repairs cannot cost more than…
California Debt Blog: You May Have A Defense to an Unlawful Detainer or Eviction Lawsuit
Typical defenses to an eviction include failure to state the amount of rent properly, failure to provide a habitable rental or that the eviction was filed for retaliatory reasons. These defense MUST be raised in the defense or you cannot…
California Debt Blog: You Must Respond to An Unlawful Detainer Complaint
If the landlord wants to evict you and you have not moved out voluntarily, you will be served with an unlawful detainer. You only have 5 days to respond to this. Your response may be a demurrer, a motion to…
California Debt Blog: Any Eviction Notice Must Be Properly Served
landlord must serve the notice in person. If the landlord cannot serve you in person, the landlord can serve you at work. If you are not available at work or at home, then and only then can the landlord serve…
California Debt Blog: A Tenant Must Be Told Where to Pay Rent that is Late
The notice must tell you where you can pay the rent either in person, with the usual hours, or the information on the bank that will take payment. The landlord cannot normally require cash payment.
California Debt Blog: The Rent Must Be Accurate on a 3 Day Notice to Pay Rent or Quit
The most important item on a 3day notice for failure to pay rent is the amount due. The notice “must accurately state the amount of rent that is due.”
California Debt Blog: How Much Notice Must a Landlord Give a Tenant?
This may be the most common question I get from tenants. How much notice does my landlord need to give me before I have to move? Let me start with this: The first step in any eviction is for you…
California Debt Blog: More IRS Scam Warning
I previously told you about an IRS scam that is going around. Well, the IRS scam is coming from a few numbers. So I thought I would share another message: “Hello we have been trying to reach you. This automated…