Legal Question in Landlord & Tenant Law in California
getting a 60 notice
My question is I just received a 60 day notice from my landlord. He is a slumlord. He told my husband for the last 3 years that he would put lawn in the back yard so our kids could play out there, he told my husband that if he my husband would do all the work he would buy the sawed, so my husband moved all the rocks and roitilled the dirt bought fresh top soil and the sawed only to get a 60 notice 3 weeks after doing all the work, the landlord never paid us for the materials, so can we take the lawn with us and put the yard back the way it was or can we sue him for the labor and materials?
2 Answers from Attorneys
Re: getting a 60 notice
I assume that the grass has taken root to some extent so it would be considered a fixture, such as your putting up wall paper, and you can not remove it. And what would you do with it if you did take it along? Why did your husband buy the sod instead of having the landlord do it; if it was at the request of the landlord then yuou should be able to recover the cost of the sod [and perhaps other material]. Whether you could collect for the labor is unclear as the landlord did not guarantee you any period of time that you could stay there. There must be something else going on that you have not mentioned, and that might have some effect upon what you could recover.
Re: getting a 60 notice
Follow Mr. Shers' advice.
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