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.
Justia disclaimers below, incorporated herein.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.