TENANTS LEGAL CENTER
RIGHTS IN AN EVICTION CASE
The following is a general description of the more common EVICTION NOTICES given by a landlord before filing a lawsuit. If you get one of these, seek legal advice before responding since what you say or write will be used against you!
1. 30 DAY NOTICE OF TERMINATION OF TENANCY in writing is required to terminate a month to month periodic tenancy of less than a year for residential or for month to month commercial tenancies and tenancies at will. The notice generally need not state a cause, but it cannot be retaliatory, discriminatory, or otherwise illegal. Different rules apply for Govt. subsidized housing (i.e. Section 8 or other programs) and notices may vary in Foreclosure cases.
The City of San Diego has a GOOD CAUSE law (Right to Know Ordinance) protecting certain tenants in a residential tenancy of at least TWO years and that good cause must be written in the notice.
4. 3 DAY NOTICE TO PAY RENT OR QUIT notifies the TENANT that rent is past due and to pay the rent in 3 days or vacate. If the TENANT vacates within the 3 days, he/she is NOT relieved from the rent obligation under the lease or rental agreement.
COUNTING THE DAYS OF NOTICES
SPECIAL FORECLOSURE NOTICE
You have certain rights in Foreclosure Evictions including the following:
Notice to Any Renters Living At [street address of the unit]
You should talk to a lawyer NOW to see what your rights are. You may receive court papers in a few days. If your name is on the papers it may hurt your credit if you do not respond and simply move out. Also, if you do not respond within five days of receiving the papers, even if you are not named in the papers, you will likely lose any rights you may have. In some cases, you can respond without hurting your credit. You should ask a lawyer about it. You may have the right to stay in your home for 90 days or longer, regardless of any deadlines stated on any attached papers. In some cases and in some cities with a “just cause for eviction law,” you may not have to move at all. But you must take the proper legal steps in order to protect your rights. How to Get Legal Help If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center(www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association.
You may have the right to stay in your home for longer than 90 days. If you have a lease that ends more than 90 days from now, the new owner must honor the lease under many circumstances. Also, in some cases and in some cities with a “just cause for eviction law,” you may not have to move at all. But you must take the proper legal steps in order to protect your rights.
After the expiration of an eviction notice, if you are still in possession of the rental unit, the landlord may file an UNLAWFUL DETAINER (eviction) lawsuit against you. You must act fast to protect and DEFEND YOUR RIGHTS!!
California law for San Diego is applied in these pages. Such laws may or may not be applicable in other jurisdictions. The information provided herein is of a general nature and is not intended to be taken as specific legal advice. For legal advice in a particular situation, promptly consult with an appropriate attorney.