Legal Question in Landlord & Tenant Law in California
My room mate and I just moved into a new place 6 days ago. We signed a month to month lease, as well as a paper with all of the rules. Yesterday we received a 30 day notice to move out. The reasons given were totally inapplicable. We were accused of being heavy marijuana smokers and told that we were buying and selling out of the apartment. The off-site manager told us that neighbors were complaining of that as well as us being too loud, which was also false. Today one of the neighbors told us that the assistant on-site manager was telling all of the neighbors that we were heavy pot smokers and sellers. she lives on the opposite end of the building and cant walk up the stairs. So my question is, can they make us move out even though the accusations are made up. Also, almost of the people in the building (8 units) are related, and they have not finished fixing the apartment, like they promised they would. What are our rights here?
1 Answer from Attorneys
You suffer the negative aspects of a month to month tenancy. Absent rent control, the landlord can give you at any time a thirty day notice and does not have to have any reason. By putting down reasons, the landlord does make a mistake if the notice is based upon reasons that are false, but if he merely says that he is getting rid of you because others say you have done those acts, it is as true statement that others have said it. But even if the reasons stated are wrong, since no reason is needed you probably could not prevent the eviction; even if you could, you are merely delaying the inevitable