Helping a friend, i just have a question

[kay_marie]

What is the name of your state? California
My friends' landlord delivered the eviction notice and the final notice on the same day, but both notices have different dates. How it can be proven that it was delivered on the same day is that on both pieces of paper, in the same spot, the lardlord put the letters in the same evelope and wrote the tenants name on the envelope, but she wrote her name too hard and left an indention on the papers inside. Im also wondering can my friend have someone else deliver a letter to her landlord? She doesnt want any issues between her and the landlord if they are to come face to face. Her and her husband lost their job, have a 4 month old child, and havent been able to pay their rent because they lost their jobs. Any help on this one would be appreciated. I am kinda knowledgeable on landlord tenants rights, but im not completely studied up on it and dont want to give her the wrong advice.

 

[quincy]

There is an eviction moratorium. Is the landlord claiming your friends violated the lease for a reason other than nonpayment of rent?

 

[zddoodah]

My friends' landlord delivered the eviction notice and the final notice on the same day

Please explain the distinction between "the eviction notice" and "the final notice." For your reference, the only notice required is EITHER a 3-day notice to pay/cure or quit OR a 30/60-day notice to quit (although, sometimes, a landlord seeking to evict for cause will serve both notices so that the eviction can happen even if the tenant cures.

How it can be proven that it was delivered on the same day is that on both pieces of paper, in the same spot, the lardlord put the letters in the same evelope and wrote the tenants name on the envelope, but she wrote her name too hard and left an indention on the papers inside.

Huh? Not really sure what this sentence means, but proof of service is typically made by an affidavit or live testimony of the person who performed the service.

Im also wondering can my friend have someone else deliver a letter to her landlord?

No one here will have any reason to believe that she lacks that ability.

I am kinda knowledgeable on landlord tenants rights, but im not completely studied up on it and dont want to give her the wrong advice.

You're presumably not a lawyer, so giving her advice about the relevant law would be a criminal act.

 

[adjusterjack]

Her and her husband lost their job, have a 4 month old child, and havent been able to pay their rent because they lost their jobs.

Then they can't be evicted. Read about the extended moratorium and the financial assistance available to landlords and tenants.

https://www.gov.ca.gov/2021/01/29/governor-newsom-signs-legislation-to-extend-eviction-moratorium-and-assist-tenants-and-small-property-owners-impacted-by-covid-19/

Show the article to your friends. That's all you can do.

 

[quincy]

The friends might want to go to a landlord/tenant clinic and speak to an attorney if the landlord tries to evict for a “just cause” not related to nonpayment. A landlord cannot evict for nonpayment during the moratorium.

Apparently some less-than-honorable landlords in California are using a loophole in the eviction moratorium which allows eviction under certain circumstances, the circumstances of which can be created without much trouble by the landlord (e.g., claiming tenant is disturbing others, damaged property).

 

[Kayla.Marie]

There is an eviction moratorium. Is the landlord claiming your friends violated the lease for a reason other than nonpayment of rent?

She said because their dog trashed the yard.

 

[Kayla.Marie]

Then they can't be evicted. Read about the extended moratorium and the financial assistance available to landlords and tenants.

https://www.gov.ca.gov/2021/01/29/governor-newsom-signs-legislation-to-extend-eviction-moratorium-and-assist-tenants-and-small-property-owners-impacted-by-covid-19/

Show the article to your friends. That's all you can do.

Thank you

 

[Kayla.Marie]

The friends might want to go to a landlord/tenant clinic and speak to an attorney if the landlord tries to evict for a “just cause” not related to nonpayment. A landlord cannot evict for nonpayment during the moratorium.

Apparently some less-than-honorable landlords in California are using a loophole in the eviction moratorium which allows eviction under certain circumstances, the circumstances of which can be created without much trouble by the landlord (e.g., claiming tenant is disturbing others, damaged property).

Thank you! She is going to speak to a lawyer.

 

[Kayla.Marie]

Please explain the distinction between "the eviction notice" and "the final notice." For your reference, the only notice required is EITHER a 3-day notice to pay/cure or quit OR a 30/60-day notice to quit (although, sometimes, a landlord seeking to evict for cause will serve both notices so that the eviction can happen even if the tenant cures.



Huh? Not really sure what this sentence means, but proof of service is typically made by an affidavit or live testimony of the person who performed the service.



No one here will have any reason to believe that she lacks that ability.



You're presumably not a lawyer, so giving her advice about the relevant law would be a criminal act.

As a friend to friend? I’m not allowed to help her?

 

[adjusterjack]

As a friend to friend? I’m not allowed to help her?

Of course you can help her. Giving her advice about the relevant law wouldn't be any more a criminal act than what we non-lawyers do here every day when we refer people to landlord-tenant statutes, legal resources or just make helpful comments about situations that people get themselves into.

 

[Taxing Matters]

Giving her advice about the relevant law wouldn't be any more a criminal act than what we non-lawyers do here every day...

Not so fast. Giving her general information about the law is not a violation of the rules against unauthorized practice of law (UPL). But giving specific legal advice is generally a UPL violation. And some members here do occasionally cross that line, even though in their zeal to help people they don't intend to do that.

 

[zddoodah]

As a friend to friend? I’m not allowed to help her?

You wrote that you "dont [sic] want to give her the wrong advice," which implies that you intend to give her not only "help," but also advice about the law. I responded that "giving her advice about the relevant law would be a criminal act." In this context, "legal advice" generally means applying the law to a specific set of facts. For example, if you told her that "___ Code section ___ is the law that governs your situation, and you need to do ___," you would be giving legal advice. On the other, if you gave her a copy of a particular code section and said, "hey, check this out; it might be of help to you." That is not giving legal advice. Both are "helping;" one is legal and the other isn't (for a non-lawyer). That you're her friend is of no relevance tot his issue.

 

[quincy]

Thank you! She is going to speak to a lawyer.

I think that’s smart. The attorney can let your friend know if the landlord is trying to play games with the moratorium on evictions.

I wish your friend good luck.