Legal Question in Landlord & Tenant Law in California

retaliatory eviction from a private room in an owner occupied home.

i am being evicted not for non-payment of rent. it is because i was to have surgery, told owner about it, and about the caretakers i would have coming to care for me, and i wanted her to know.

she said fine, as long as she didn't have to do anything,

and the next day i get a 30 day notice. i asked her why, she said she didn't want to talk to me and if i asked her again she would call the police. i couldn't believe it.

being evicted for doing the right thing? i don't know

what reason she is giving for evicting me - it could be anything.

the month-to-month lease i have is drawn up as renting an apartment would be, 24 hour notice necessary,

and called a private room, which it is. however the

30 day notice calls it an accessible room.

i have been looking deligently for a place. i am a senior,

receiving disability social security and ssi. my fixed income makes it all the more difficult to find a place in the bay area, and i had asked her for more time. but was refused.

that's it.


Asked on 1/05/04, 2:16 am

1 Answer from Attorneys
Martin Snitow

Re: retaliatory eviction from a private room in an owner occupied home.

The landlord cannot evict you because you are disabled or because you are a senior. The landlord must make a reasonable accommondation to her policies and services to allow you to live in the unit on the same basis as people who are not disabled.

However, the landlord is entitled to collect rent even from disabled tenants. She can give you a 3-day notice to pay or quit. A 30-day notice does not require a reason for eviction.

If you have paid the rent and believe you are being evicted because of your surgery, you should contact a fair housing attorney or agency for advice. If you have not paid the rent you should do so and ask the landlord to cancel the notice as a reasonable accommodation for your disability.

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Answered on 1/05/04, 1:30 pm


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