Legal Question in Landlord & Tenant Law in California

is it legall to serve a 30 days notice with in 15 days of moving in and no laws

i had a comflict with the manager of the building over a recycling and garbage matter. No perfanity or violence was intended. with in 24 hours i got a 30 days notice.


Asked on 2/25/05, 3:45 pm

1 Answer from Attorneys

Gregory Broiles Legacy Planning Law Group

Re: is it legall to serve a 30 days notice with in 15 days of moving in and no l

The answer depends on the circumstances of your rental agreement and on the city where you live.

If you signed a long-term lease, generally the landlord can only force you to move out before the lease expires if you have broken the terms of the lease.

If you have a month-to-month tenancy, the landlord can force you to move out on 30 days' notice if you have been living in the unit for less than one year. The landlord does not have to give you a specific reason for ending the tenancy.

If you live in a city with rent control, then you may have more favorable protection with regards to a "no cause" eviction where the landlord has not accused you of doing anything wrong.

Also, if you were the victim of discrimination or of retaliation for complaining about the condition of the property, you may be able to successfully oppose the eviction.

However, it also may be a good idea to reconsider whether this is a place you want to live, long-term, if you are already experiencing conflict with the owner/manager and you've only been living there for 15 days.

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Answered on 2/26/05, 5:30 pm


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