Legal Question in Landlord & Tenant Law in California

eviction

does a landlord have the right to ask a tenant to move because her son wants to move into the house we have been renting for the last 6 years and taking care of all maintance


Asked on 7/20/08, 9:40 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: eviction

Yes.

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Answered on 7/20/08, 11:04 pm
David Gibbs The Gibbs Law Firm, APC

Re: eviction

Assuming you are no longer occupying the property under a written lease, then the landlord need only give you 60 days (because you have lived there more than 1 year) notice to vacate, and does not have to give any reason. You are considered a month-to-month tenant, and as such, have no right to stay in place more than the statutory notice period at any time. The maintenance issue doesn't relate to your right to occupy the property. If you do have a written lease of any specific term, then they cannot give you notice to leave prior to the end of that term.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/21/08, 1:16 pm


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