Palo Alto Weekly
Real Estate - June 4, 2010
In the Spring Real Estate special section (April 23, 2010), the RentWatch columnist correctly advised that the letter writer would not be entitled to enforce the lease with the writer's father. However, the answer incorrectly advised that a 3-day notice given to this writer would be sufficient. The answer should have stated that assuming one is not protected by the new federal law, one is still a tenant under California law in light of the facts described, such as paying rent. If one is a tenant under California law, one is entitled to a 60-day written notice under a special foreclosure statute, California Code of Civil Procedure Section 1161b. The letter writer, who is already in court, can file a written answer to the eviction case, raising the failure to give the 60-day notice as a defense. The Weekly regrets the error. To request a correction, contact Managing Editor Jocelyn Dong at 650-223-6511, email@example.com or P.O. Box 1610, Palo Alto, CA 94302.
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