Legal Question in Landlord & Tenant Law in California
Landlord is forcing me to move out on July 19, because I ingiured with the Better business Bureau regarding legality of late fees. I said it is retaliation but landlord told BBB that I had too many complaints. I have lived in unit over 2 years pay rent on time, no issues other than maintenance requests. The landlord gave me the 60-day notice to move out with no reason ( not requires to); however, lanlord gave me the notice to move out 5 days after I contacted BBB and 1 day after I made a maintenance request to fix a broken water off/on fixture in the unit. I do not live in rent control area. Does landlord have to pay my moving expenses.
2 Answers from Attorneys
If landlord gave you a 60 day notice to move, your obligation is to continue paying the rent until the last day you are at the property (whether its at the conclusion of the 60 days or before). If the 60 days have already come and past and you remain at the property, then the landlord can file an eviction case in court against you. Is this the 5 days you are referring to? If so, then you need to respond to that case right away to protect your rights (should you have some rights to exercise against your landlord).
You need to speak to an experienced unlawful detainer/real estate attorney. One that can explain your rights and responsibilities to you as a tenant. Should you need to talk to and retain an attorney that can do just that, feel free to contact this office for a no-obligation with a competent, experienced attorney in this area of the law. You have no time to waste. We would like to help. Call us at (888) 790-5053 and/or visit our website at www.coronacalawyer.com.
The landlord is not required to pay moving expenses in a non-rent control situation. If you fail to move by the end of the notice, the landlord can file an unlawful detainer to seek eviction. Retaliation is a defense to such an action based upon a 60-day notice. You have the burden of proving that the landlord was in fact acting in retaliation when he served the notice. If you choose to stay and litigate the unlawful detainer there is the possibility that you could lose and have an eviction on your record. You should consult with an attorney prior to making such a decision.