We live in a complex society filled with so many laws and regulations which constantly change and evolve such that even lawyers have difficulty keeping up with all of them. In fact it is practically impossible for Lawyers to know all the laws. 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, not being aware of the laws or misapplying the laws. Making errors in legal situations can have serious consequences. To help protect against such consequences, sometimes it is necessary to seek the assistance of a Lawyer. But how does one know when to do so or whom to contact?
Is the situation really a Legal matter?
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). They should be in writing although sometimes, they are attempted by verbal demands or threats. 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. 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. Not true. 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 and specialized law firms in San Diego who routinely do the evictions for Landlords or Banks are experts in the field.
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.