#73305On Saturday, August 25, 2007Guest (not verified) said,
My son recently received a Sheriff-delivered eviction notice from the Management company at his apartment complex, where he has rented for over one year.
The notice did not clearly state the reason for eviction. The Management company refused to discuss with my son according to California law (Sec. 1161 of CCP - Code of Civil Procedure) - which states " A
three-day notice must state why you are being asked to leave, and if the problem is correctable, what you must do to stay." (which problem is not correctable ?)
My questions are:
1) is the Landlord *required* to allow an evicted tennant the chance to correct the situation which caused the eviction ?
2) California law also states that the Landlord is responsible to return the deposit, and does not stipulate that an eviction changes this responsibility:
California law says that only that part of the deposit may be kept by the landlord which is reasonably necessary to pay for the unpaid rent, repair damages caused by the tenant, and clean the apartment.
Is this correct in the case of a valid eviction ? or can the Landlord withhold the deposit (which was 2x monthly rent) due to the eviction.
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My son recently received a
My son recently received a Sheriff-delivered eviction notice from the Management company at his apartment complex, where he has rented for over one year.
The notice did not clearly state the reason for eviction. The Management company refused to discuss with my son according to California law (Sec. 1161 of CCP - Code of Civil Procedure) - which states " A
three-day notice must state why you are being asked to leave, and if the problem is correctable, what you must do to stay." (which problem is not correctable ?)
My questions are:
1) is the Landlord *required* to allow an evicted tennant the chance to correct the situation which caused the eviction ?
2) California law also states that the Landlord is responsible to return the deposit, and does not stipulate that an eviction changes this responsibility:
California law says that only that part of the deposit may be kept by the landlord which is reasonably necessary to pay for the unpaid rent, repair damages caused by the tenant, and clean the apartment.
Is this correct in the case of a valid eviction ? or can the Landlord withhold the deposit (which was 2x monthly rent) due to the eviction.
Best regards,
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