A notice on your door is not the end of your tenancy. In California, only a court can order a tenant out, and tenants have real defenses. Merabi Law represents tenants, never landlords, and the deadline starts the day you are served.
"A notice is a demand. Only a judge can order you out."
This page is for Los Angeles tenants served with a 3 day notice, a 30, 60 or 90 day notice to move out, or a Summons and Complaint for unlawful detainer, the court case a landlord files to evict.
A California landlord cannot change the locks or shut off utilities to force you out. The only lawful path is a court case, where you have the right to respond and raise defenses.
Many evictions follow a complaint about conditions. If your notice arrived after you reported mold, leaks or pests, read about tenant rights and uninhabitable living conditions as well.
Each notice has its own rules for content, timing and delivery. A defective notice can be a complete defense.
Send the notice or court papers for a free, confidential case review, scheduled the same day whenever possible.
Whether a defense applies depends on your notice, your unit and your history with the landlord. These are among the most common.
If the landlord failed to fix serious problems you did not cause, such as no heat, leaks or broken locks, that can be raised in an eviction for unpaid rent under Civil Code section 1941.1 and Code of Civil Procedure section 1174.2.
Civil Code section 1942.5 protects tenants who complained about conditions or contacted a code enforcement agency. An eviction within 180 days of that activity deserves close scrutiny.
A notice that overstates the rent, adds charges that are not rent, gives too little time or was served improperly may not support an eviction.
For many tenants of 12 months or more, Civil Code section 1946.2 requires a just cause to end the tenancy, and section 1947.12 caps rent increases. Some housing is exempt.
In the City of Los Angeles, the Rent Stabilization Ordinance generally covers rentals built on or before October 1, 1978, and the Just Cause Ordinance covers most other rentals after six months or once the original lease expires. Both limit the reasons for eviction and require relocation assistance for no fault evictions. A covered tenant generally cannot be evicted for unpaid rent unless the amount owed exceeds one month of Fair Market Rent for the unit size.
California fair housing law prohibits evictions based on race, national origin, disability, familial status, source of income such as a housing voucher, and other protected traits.
Shannon Merabi, Esq. spent much of her career as in house counsel, close to how owners evaluate risk and respond to a dispute. She now uses that insight for tenants.
A missed deadline can lose a case that could have been defended.
Personal service generally gives 10 court days; papers left with someone else or posted and mailed add time. Keep the envelope.
Without a response, the landlord can ask for a default judgment. Leaving early can give up defenses and relocation rights.
The lease, every notice, rent receipts, messages with the landlord, repair requests and photos of conditions.
No move out agreement, buyout or stipulation.
If your question is not here, ask it in a free, confidential case review.
Ask Your QuestionIf the Summons and Complaint were handed to you, generally 10 court days, not counting weekends or court holidays. Papers left with someone else or posted and mailed allow additional time. A missed deadline can lead to a default judgment.
No. California law prohibits changing locks or cutting utilities to force a tenant out. Only a sheriff can carry out a lockout, and only after a court judgment.
No. It is a demand, not a court order. The landlord must still file a court case and win it. Paying the full rent owed within the notice period can end the matter, so act quickly.
No. Merabi Law represents tenants in eviction cases and never represents landlords.
California law prohibits retaliation against tenants who complain about conditions. Document the timeline and have it reviewed by an attorney immediately.
No ethical attorney can promise a result. Merabi Law reviews your notice and defenses and explains your options honestly.
Evictions often begin after a tenant asks for repairs. The firm's signature practice is holding landlords accountable for unsafe homes.
Signature practiceMold, leaks, pests, sewage, no heat or hot water, unsafe wiring, structural dangers and repeated failures to repair. Merabi Law investigates what the landlord knew, when, and what was actually done.
Tenant rights attorney
What California law expects of a landlord for mold, leaks, pests, sewage, heat and hot water, wiring, structure, failed repairs and retaliation, and the evidence that proves each one.
Condition by condition
Founder and principal attorney of Merabi Law, APC. Licensed in California since 2017, with much of her career spent as in house counsel.
Meet the attorneyFree, confidential and read directly by the attorney. Include the date you were served and the type of notice.