We live in a complex society filled with so many laws and regulations that even lawyers have difficulty keeping up with all of them. In fact it is impossible for Lawyers to know all the laws. Even Lawyers are sometimes forced to enlist the aid of other Lawyers who are very experienced in certain fields of law for assistance. It is easy to understand why a non-Lawyer can have serious difficulty handling certain situations. Such problems include not understanding the laws,
Is the situation really a Legal matter?
Generally, a matter is a legal one when a person (or entity) is in a position to lose, alter, gain or simply protect existing or potential valuable rights. (whew)
In the world of Landlord Tenant and occupant Law, a legal situation may include most any agreement, demand, complaint or document as between a Landlord and Tenant. These can include issues of oral agreements, complaints about treatment of a tenant, letters of complaint, written notes and ANY official notice about the tenancy. Notices are used for such things as demanding unpaid rent, demands to enter the residence by the Landlord, claims of breaching rules in a lease or attempts to terminate the tenancy (evict). When a situation or dispute escalates to the point that documents have been used or should be used, it has become a legal matter where rights are at risk that need to be properly protected. Many times a simple note written by or to a Landlord will decide who will win or lose a case. Clearly, it is an important legal matter when an eviction lawsuit has been filed and served. In that case immediate action is required to protect your rights.
Can situations be handled with simple common sense?
The law sometimes lends itself to an understanding with simple common sense. Things that seem wrong are many times illegal. The law sometimes actually protects those things that seem right. Unfortunately, in Landlord-Tenant matters, the law in California contains many aspects that defy common sense. The use of common sense alone in legal situations can lead to serious consequences. Consider the following examples:
Tenants often misinterpret the Three Day Notice to Pay Rent or Quit. It seems that you get a choice; i.e. pay the rent or move in those three days and the landlord "forfeits" the lease. No way. Not paying within the three days creates potential liability for the rent (up to the balance of the lease) whether you move or not.
Which Attorney should I call?
Landlord-Tenant Law and the laws involving possession before and after a foreclosure are very technical and complex. It is an area of the Law that really requires specialized assistance. The best Law firms in San Diego who do the evictions for Landlords or Banks are experts in the field. They do evictions (and collections on the eviction judgments) and that is virtually all that they do. They are very good at it.
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.