Santa Rosa, CA asked in Landlord - Tenant for California

Q: what is the damage amount I can seek in small claims if my landlord evicted me illeagally

I never received a written 3/30 day notice to end tenancy a summons of complaint but only a writ of possesion month to month tenant less than a year

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1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: You shouldn't be suing in small claims for this. You should have brought up during the eviction trial that you did not get the proper notice. Getting the proper notice is one of the critical things a landlord has to do so a judge definitely checks for that. If that judge disagreed with you, you can try appealing the eviction assuming you still have time to do that.

Suing in small claims now would be pointless because a higher court (the eviction court) has already determined your eviction was proper. Otherwise, the writ of possession would have never been issued.

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