12. Can the owner sue to evict me?

Yes -- in some cases, the owner can sue whether your rental agreement is a lease or month-to-month. If you have a lease, the owner can try to evict you for such reasons as not paying your rent or creating a nuisance by having noisy parties. In these cases, the owner must give you a three-day written notice to move before suing to evict you. The owner also might sue to evict you if you break part of the agreement -- or if you are asked to leave when your lease runs out and you refuse to do so. If you have a month-to-month agreement, the owner can give you a 30-day notice in writing, even if you have not done anything wrong. If you do not move within that time, the owner can sue to evict you. However, some communities have laws that limit evictions to certain "good cause" reasons only. In order to have you evicted, the owner must go to court. The suit against you is called an "unlawful detainer action."

Here is how an eviction suit starts. After you get either a three-day or 30-day notice, the owner will send you a "complaint." This is a paper that says you are being sued. You have five days -- including weekends -- to reply to the complaint. You also will receive a "summons" which tells you when and where to respond. If the owner sues in municipal court , you must reply to the complaint in writing. If you do not, the case probably will be decided in the owner's favor. To try avoiding a lawsuit, you might suggest that you and the owner try "mediation." This means that a "neutral third party" -- someone who has nothing to do with the problem -- tries to help you and the owner work out a way to settle your differences.

To be referred to a mediation program in your area, get in touch with the Consumer Information Center, Department of Consumer Affairs, 1020 N Street, Sacramento, CA 95814, 800-952-5210. A directory of non- profit dispute resolution programs is available from the Office of Legal Services, State Bar of California, 555 Franklin Street, San Francisco, CA 94102-4498, 415-561-8268. For more information, see the State Bar's "Should I Try to Settle My Problem Out Of Court?" pamphlet. Please see the end of section 17 for ordering information on pamphlets. The purpose of this website is to provide general information on the law, which is subject to change. Content is derived from the State Bar of California Pamphlets: Http://www.calbar.org