Legal Question in Landlord & Tenant Law in California
storage law
Can a storage landlord legally give
me only 7days to remove all that
I have stored, as retaliation for
telling him that I found rats on
the premises? (I have always paid
my rent, so this is not a factor.) He claims they never had rats before --
therefore I must have brought them, which is absurd. What's even more unfair about his tactic, he recently did some ''refurbishing,'' and made me move all my belongings into a new storage space -- that's when my
things were ravaged by rats. I never had them before, though I'd been there for 6 years.
Can I do anything to avoid having to move in 7 days? That's just not
enough time.
1 Answer from Attorneys
Re: storage law
If your rent is paid, the landlord still can evict (by a three day notice) but only if there is a criminal operation or a common nuisance.
However, there is no "7 day notice". Furthermore, if you wanted to contest this, he would have the so-called " burden of proof" which would probably require him to have pictures, and possibly an exterminator testify to prove that the rats were there as a result of something you did, and not in adjacent storage spaces.
Assuming that he wishes to evict you (legalese is "unlawful detainer"), he will have court costs and filing fees of approximately $600.00 if he uses an attorney, and roughly $300.00 if he does it by himself...AND he may not win.
In addition, retaliation is not legal if it is based on sex or ethnicity (can't retaliate if facts indicate sexual discrimination or because of race).
Probably the best thing you can do now would be to tell him you will vacate in 30 days, and keep your rent up to date. Unless you have a 6-month lease, or yearly lease, he can evict you with a 30-day notice, regardless of whether the rent is paid, so beat him to the punch.
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