Q: What to do when sent a threatening letter based on inaccurate citing of code?
I just received a letter from our City Attorney regarding a city-owned vacant property I had a Right Of Entry to. It expired, COVID19 kicked in and I haven't been able to locate a new space. The cost for moving (heavy equipment etc) would be thousands of dollars and economic suicide for me to move it anywhere temporarily.
The letter cites CA Civil Code procedures related to Residential - this is Commercial and the Chapter specifically says This does dot apply to commercial properties. I have not been served an Eviction Notice just the following threat: "Therefore, the purpose of this letter is to inform you that if you do not remove all of your personal property from the premises by July 5, 2020, the City will proceed to sell it. We will subsequently notify you of the date and time of the public sale."
I am at a loss on how to proceed other than the standard reply "Lawyer Up!" What would you do?
A:
Unlike a criminal complaint, a letter from a City Attorney does not have to accurately cite the section they are claiming applies. But the real answer, you already know, Lawyer up! A response from you will be unlikely to carry weight, and once the City sells your property for $0.05 on the dollar, you won't get it back. Contact a real property attorney in your local area, particularly one that practices in the area of Commercial Tenant Rights or Government Claims.
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1 user found this answer helpful
A: I agree with Mr. Mandel. Also, retaining an attorney may result in negotiating a renewal of the right of way, or at least finding a resolution so the matter doesn't continue resulting in litigation.
1 user found this answer helpful
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