Legal Question in Landlord & Tenant Law in California

If the landlord gave you the proper notices and you do not have a term-lease (meaning a lease to a specific date), then you really cannot challenge his decision to terminate your tenancy. Unless you can prove in Court that it was retaliatory for something you did, he has the right in a month-to-month tenancy to ask you to move. With a month-to-month tenancy, you have only the legal expectation that you will live there one month at a time. That is the benefit of a term lease. Hire an attorney up there if you feel that there is some reason or basis to challenge the termination of your tenancy.

There have to be other places you can move to - I appreciate that your son has health issues, but this apartment cannot be so unique that there is absolutely no place else you can move to. It may take some work to find a new place, but understand that the property belongs to the landlord and he can decide at any time to stop renting to a particular tenant for no reason whatsoever, so long as he is not violating the law. I don't see any facts here (in what you posted) that indicate there has been an improper termination of your lease.

Finally, with respect to rent - are you saying that the landlord collected rent for a month when you did not live in the apartment, or just that he gave you notice right after getting your last month's rent? If it is the later - he gave you notice after you paid that month's rent, then he did nothing wrong. The landlord's termination of your tenancy does not give you the right to not pay your final month's rent. If, however, he collected rent for a month when you did not live there, you are entitled to that money back immediately.

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