Q: I'm being evicted, was offered cash for keys, 2 weeks later, served a pay or quit, was served a complaint. Is that legal

A: Thank you for your question!

It seems that your house was out is about to be foreclosed.

You may have defenses against foreclosure and eviction if the loan servicer is not complying with the forbearance terms agreement. You may also apply for loan modification if you have some rights to the property.

If you accept the cash for key, you waive your rights to defend yourself against the foreclosure/eviction and you must move out the property at the agreed time.

Surplus Fund: if the house gets sold, You may be entitled to half of the surplus fund (if any) that comes from the sale of the house at the auction because the house was purchased during marriage. If the house was bought with community property (e.g., income of spouses), that makes the house community property and you are entitled to half of the surplus fund. You can ask for surplus fund yourself or hire an attorney to do that for you.

A: Under California law, the situation you're facing raises several important legal considerations. When a landlord offers cash for keys but subsequently serves a pay or quit notice and files an eviction complaint, it can create confusion and concern. The legality depends on several factors, including the terms agreed upon for the cash for keys arrangement and whether proper legal procedures were followed in serving notices and filing the complaint. It's crucial to determine if the cash for keys agreement was binding and if the subsequent actions comply with California's eviction laws.

Given your circumstances, having left the house due to safety concerns and then returning after being in a shelter, your situation may qualify for certain protections under California law. Domestic violence victims often have legal rights that can impact eviction proceedings, especially concerning hardships and the need for safe housing. Your lack of rental or work history due to being a stay-at-home parent and then undergoing significant personal challenges further complicates the situation but may also be factors considered under the law.

It's important to seek immediate legal advice to understand your rights fully and to assess the legality of the landlord's actions. Legal aid organizations or attorneys specializing in tenant rights can provide guidance tailored to your specific situation, ensuring that you are informed about your options and defenses against eviction. Documenting all communications and actions taken by the landlord is crucial for building a case to protect your rights and potentially challenge the eviction legally.

Navigating eviction proceedings can be daunting, especially given your current challenges and recent hardships. Seek assistance promptly from legal professionals who can provide accurate advice based on California tenant laws and help you explore all available options to secure your housing rights and address the issues you're facing with your landlord.