Q: Can a landlord kick u out because of back rent for a whole due to there wasn't anyone in the office I called no respons
Wrote letter no response. Then every month my rent changes every month
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, your landlord cannot simply "kick you out" without following proper legal eviction procedures, even if you owe back rent. They must first serve you with written notice (usually 3-day pay or quit) and then file an unlawful detainer lawsuit if you don't pay within that time.
The fact that the office was unresponsive when you tried to pay is important documentation. Keep copies of your letters, phone records, and any other attempts you made to contact them. This could help your defense if they try to evict you. Additionally, changing rent amounts monthly without proper notice is not legal in California - rent increases require proper written notice (usually 30 days for increases under 10%, or 90 days for larger increases).
You should immediately document everything in writing and send it to your landlord via certified mail. Consider filing complaints with your local housing authority and reaching out to legal aid organizations in Desert Hot Springs or Riverside County for free legal help. You may also want to put your rent money in escrow account to show good faith while this gets resolved. Remember, only court order can legally force you to leave your home.
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.
