Q: My LL gave me a defective 60 day notice. It is not valid because he did not offer relocation assistance.
It is a no fault eviction and is considered improper. He has said he will file a UD next week when the notice time has past. I am going to offer to pay rent along with a flyer that explains the eviction moratorium. My first question is what if he refuses to take it ? I think he is going to get mad and things are going to get hostile because he wont like to be wrong . I dont want an eviction on my record im not trying to be difficult i just cant find a place i can afford so quickly. my other question At what point id it too late to ask for a mediator to help possibly not get eviction on my record?
A:
First, the law (Civil Code 1946.2.) does not say he has to pay you the month of relocation assistance at the time he give you the 60 day notice, BUT he MUST give you notice of your right to the relocation assistance, otherwise, per subsection d-4, the notice is VOID. If he attempts to evict you on a void notice, you should prevail on the UD action, in which case you would not have a UD judgment on your record. LL are prohibited from using anything other than a UD Judgment against you in future rentals. (yeah, right, as we all know) But if the LL attempts to evict you and loses, he subjects himself to a countersuit for wrongful attempted eviction, which could cost him a lot more than a month's rent. So you need a paper trail showing that you have sent him a copy of Civ Code 1946.2, and these subsections showing his notice is void. You say the no-fault is improper, you need to establish that as well, could be a great wrongful eviction case- contact a local Tenant right's attorney. Probably madder than a wet hen because most LL become 6 year old boys when they are told they cannot do something. Mediators? You are talking $$$$ until you get to Court on your UD where the Court provides mediation assistance for free.
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