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    selffhelp's Avatar
    selffhelp Posts: 3, Reputation: 1
    New Member
     
    #1

    May 12, 2011, 05:49 PM
    Unlawfull detainer how can I fight it to stay in our home?
    After being handed a notice to move, I contacted tenats help fh with nothing resolved they just said for me to move when we have done nothing wronge we upgraded they property. So know I wait for the ud to be surved on us. So prepairing our case of retailation what kind of documentation does the court want to see in order to win our case and get to stay in our home?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    May 12, 2011, 05:53 PM

    First, ANY question on law needs to include your general locale as laws vary by area.

    A UD is generally the second step in the eviction process. First you get a notice to vacate. If you don't, then the landlord goes for a UD.

    What are the reasons for evicting you? Are you behind on your rent or what?
    selffhelp's Avatar
    selffhelp Posts: 3, Reputation: 1
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    #3

    May 12, 2011, 07:25 PM
    Comment on ScottGem's post
    We live in orange county calif. We are current on our rent and always have been. Never late for the past 13 years. We make upgrades to the unit. Paint flooring with the help of the manage but she is dening it.bascily I asked for repairs and a resonable accommodations for my family member that isn't really much of an resonable because half the tenets her have it. The onsite manager just got mad because I went over her head and her job is on the line.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 12, 2011, 07:37 PM

    So are you month to month or do you have a lease ?
    selffhelp's Avatar
    selffhelp Posts: 3, Reputation: 1
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    #5

    May 12, 2011, 07:41 PM
    We have always been month to month.

    Also there was a lease that was sighned long ago 13 years ago.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #6

    May 12, 2011, 10:40 PM
    A tenant advocacy group wouldn't help you, what was their reason?
    It really sounds like there is more to the eviction. What are the accommodations you want for a family member? Is it someone on the lease? Are there too many occupants? How is the manager's job on the line? Did they like you painting the floors? (I can't think of many floors I would want painted; wood is generally given a clear coat.) Your story is confusing.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    May 13, 2011, 03:29 AM
    Quote Originally Posted by selffhelp View Post
    we have always been month to month.

    also there was a lease that was sighned long ago 13 years ago.
    First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

    Sorry, but then you are out of luck. Since you are a month to month tenant, your tenancy can be terminated at any time without notice by you or the landlord.

    You have still left several things unsaid. Like did you get proper notice since a UD is the first step in the court process of eviction. Like what reason, if any, was given for the termination. For us to help you, if we can, we need to know the facts.

    At the top of this forum is a link to state laws. CA has a comprehensive handbook of tenant rights that you can read online.

    One more point, any "upgrades" you make to a property belong to the landlord. Painting is not considered an "upgrade" and, as Joy said, you don't paint floors.

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