Legal Question in Landlord & Tenant Law in California
Tenant's Rights re: Eviction
Can a landlord issue a 60 notice to move out without just cause? I have lived there 7 years without any problems.
My neighbor told the landlord that my sons girlfriend lives with us, but she does not and she is using that as a reason to evict me, is that legal? She also stated that I could stay if my son moved out, I believe she is discriminating because he is bi-racial.
Thank you.
1 Answer from Attorneys
Re: Tenant's Rights re: Eviction
Interesting question! I don't have enough facts to give an accurate answer. After reading this, please e-mail or call me, with additional information.
Is there a written lease? When does it expire, or is it month to month? Is there any rent due? What was the reason given on the notice? Is there anything in the lease, assuming it is written, regarding the tenants living there, and forbidding extra people without landlord's approval. Assuming your charge of discrimination is accurate, are you guessing or can you produce written or spoken evidence in court of the discrimination? What exactly was said to you about son moving out (as close to the exact words as possible)?
Unless something in the lease prohibits it, either side can end the lease with at least 30 days notice. However, you cannot discriminate. Suspecting it is one thing, proving it in court is another.
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