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Can my landlord in California evict me now if she accepted rent for next 4 months and already cashed the check?

Redway, CA |
Filed under: Landlord-tenant law

I have a manipulative con artist of a landlord. I paid rent through oct. And now she wants to evict me for using the yard. When I first rented 3 yrs ago we had a lease that said I could use land but now she changed her mind.

Attorney Answers 2

  1. No LL in CA can evict you. Only a CA court can evict you. A CA court will only evict you if there are legal grounds to do so. Your rights and responsibilities will be outlined in youre lease agreement.

    What the LL 'says' if not in our lease, likely is unenforcable.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

  2. She may want to evict you but it does not mean she can evict you. My impression from your question is that you lived there in the past and returned in October. It will depend on what the terms of the new lease are. If she has a new written lease, signed by you and which states you cannot use the yard, and she initiates an Unlawful Detainer action upon finding out you were using the yard, she can probably succeed against you.

    However, if you are on an oral lease that does not exclude access to the yard, you can prove she knew you have been using the yard the whole time, and she has accepted your rent each month, then you have a better chance of successfully defending.

    If your landlord insists on moving forward with an unlawful detainer you should get an attorney.

    Best of luck.

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