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How long do we have to move before the landlord can change the locks if there was never a lease agreement signed?
Anonymous1 views2 answers
How soon can my landlord legally lock the door, if rent isn't paid, if there's no lease agreement to set rules? Our deposit was to be used as the last months rent, and he has admitted to such. If we plan on being out by the end of the month, can we legally stay without being locked out?
It is illegal for the landlord to do a self-help eviction, that includes locking you out of your home. Make certain that you have WITH YOU something that shows that live there. A rent receipt with the address is great and mail addressed to you there helps, too. This is in case you are locked out and have to call the police to get back in.
To have you evicted, your landlord must first properly serve you with a 3-day notice to pay rent or quit (pay or leave). If you do not pay within the five days, he MUST then file a lawsuit called an unlawful detainer (sometimes abbreviated as "UD"). He must have you properly served with court papers regarding the UD and eventually win the lawsuit before the sheriff can evict you pursuant to a court order.
You should speak with a tenants' lawyer or an organization that helps tenants immediately.
Brad S KaneLandlord / Tenant LawyerLos Angeles, CACA licensed ·
Your landlord cannot legally change the locks without evicting you which requires service of a 3 Day Notice to Pay or Quit, then service of an unlawful detainer, then entry of judgment. If you get served, you need to answer within 5 calendar days. If you answer, the landlord will not be able to evict you before the end of the month.
