Legal Question in Landlord & Tenant Law in California
We have lived at our current address for a little over five years, and we recently we have begun to have problems with the manager. We have asked the manager to give us the contact info for the landlord, so that we may fix the issues. The manager refuses to give us the info and has proceeded to contact to landlords telling them that we have caused many problems when in fact we haven't. The landlords called us threatening with having us evicted, but they won't say why. What can we do to resolve this issue.
1 Answer from Attorneys
If you have a term lease, they cannot generally evict you without cause (as defined in the lease) before the end of the term of the lease. The problem, however, is that if you do not have a term lease, then you have no legal expectation of living in the property for more than one-month at a time. In other words, without any cause whatsoever, you can be evicted after a sixty day notice(or thirty day if you have lived there less-than one year). As such, you don't have a lot of standing to argue that they cannot terminate your tenancy and force you out. However, given what has gone on (and, hopefully you have documented all of this), you may be able to claim that you are being evicted as retaliation for complaining. If you can truly document with a judge that the only reason for your being evicted is retaliation, then you might prevail. There is no real way for you to go around a managment company - even a bad one - as the landlord has the right to give full agency to any management company he or she wants, and to avoid dealing with tenants.
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