unlawful eviction

This is a discussion on unlawful eviction within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; California,S.F. I've been served unlawful detainer by landlord for (reason) not paying feb. rent. and I did pay amount that ...

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Old Feb 27th, 2009, 08:48 AM   #1
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Confused unlawful eviction

California,S.F. I've been served unlawful detainer by landlord for (reason) not paying feb. rent. and I did pay amount that was not what she wanted. served a month to month rental agreement in Jan. by siblings on mothers behalf. i live in this house all my life. Paying rent, billsand never askeed to sign a contract. I refused. I've been harassed constently by sibling and landlord but never did anything about it. I'm disabled and have 3 small children.
My question is, can i sue for wrongful eviction and discrimination?
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Old Feb 27th, 2009, 01:36 PM   #2
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Default Re: unlawful eviction

Can you be clearer please?
Did you pay rent?
Did you pay on time?
Did you pay rent in full?
Were you given a 3 day pay rent or quit notice?
Were you served with court date for eviction?
Or did you get a notice to vacate?
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Old Mar 2nd, 2009, 06:48 PM   #3
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Default Re: unlawful eviction

If they notified you at the beginning of January for a change in terms (increased rent or any other terms), it takes effect after the state required notice period. You do not have to agree to it or sign it. It takes effect after 30 or 60 days (60 days, if the rent is increasing more than 10%, or 30 days if the increased rent is less than 10% in the last 12 months). If they said the rent was going up and you failed to pay the increased rent, you can be evicted. You don't get the chance to agree or disagree. With no lease and only a month to month agreement, they call the shots. A lease protects you from a change in the rental terms. With no lease, you have no protection. Pay the increased rent, or move out immediately. Sorry.
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