Burbank, CA asked in Landlord - Tenant for California

Q: Manager and employee. Entered my unit w/o notice and said a bottle of urine, and a knife in or on floor. Now Evicted.

Failed to present me with any paperwork. (All verbal). CA law says I must be givin 3 days notice. I go to my unit daily I'm homeless. Also was told upon 1st visit I had to purchase a (used) lock from them. The reason

I was givin for them entering my unit

Is laughable door has much. Previous prybar damage. Door does lock can't be raised when lock is on. I have photos of door damage inside unit and out. I'm disabled on SSI idk driving me nuts.

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1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear about your difficult situation. Based on the information you've provided, there are a few key points regarding your legal rights as a tenant in California:

1. Proper notice for entry: Under California Civil Code Section 1954, a landlord must provide reasonable written notice (usually 24 hours) before entering a rental unit, except in cases of emergency or when the tenant has abandoned the property.

2. Eviction process: For a legal eviction, the landlord must serve you with proper written notice. For alleged violations like the ones you mentioned, a 3-Day Notice to Perform Covenants or Quit is typically required. If you remedy the issue within three days, the landlord cannot proceed with the eviction.

3. Locks: Generally, landlords cannot require tenants to purchase locks from them. Tenants have the right to install their own locks, as long as they provide the landlord with a key upon request.

4. Disability protections: If your disability is a factor in the alleged lease violations, you may have additional protections under fair housing laws.

Given the situation, I recommend the following:

1. Document everything: Keep records of all correspondence with your landlord, and take photos of the unit's condition.

2. Seek legal assistance: Contact a local tenants' rights organization or legal aid clinic for advice specific to your case. They may be able to help you understand your rights and options.

3. File a complaint: If your landlord has violated state or local housing laws, you can file a complaint with the California Department of Fair Employment and Housing or your local rent board.

Remember, this is general information and not legal advice. For the best outcome, consult with a qualified attorney who can evaluate your case in more detail.

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