Legal Question in Landlord & Tenant Law in California
Eviction
Myself, wife, and 21/2 yr. daughter rented an apt. on Jan1, 07. I just received and eviction notice dated 10/05/07. Reasons stated: ''Situation is not working out'' and '' We have decided to rent the apt. to a family member''. Notice is for 60 days. Landlords are good friends of mine. Downstairs tenant has complained of excessive noise. Last tenants had no problem. There is no rental agreement - verbal only for amount of rent on a monthly basis.
Property is adjacent to their house and apparently constitutes an ''in-law'' type of situation. I don't believe there are any local permits that they have obtained for renting the premises. Unit is not designed for dual tenancy. eg: our livingroom is directly over the downstairs bedroom. Do I have any recourse?
1 Answer from Attorneys
Re: Eviction
You may have some recourse, but not likely.
When the lease is oral, or verbal, you are on a month-to-month lease, and 30 day notice is required. This works two ways, and you could have given 30 days notice. 60 days notice is quite fair.
Without knowing where you are located, it is possible that there is some violation of local ordinances, but that is unlikely, and it wouldn't affect your rental, as I am assuming you do not wish to leave.
I would start looking for a new place, and re-examine your friendship.
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