Legal Question in Landlord & Tenant Law in California
Termination of Tenancy
I received a T.o.T. letter from my landlord's property managers. When I asked for an explanation, I was told that we complain too much about our neighbors. We share a single plot of land with two houses on it. We never once complained in 16 years until the property managers moved in a young couple who broke nealry every rule the PM's had. We called about these incidents, but little to nothing was ever done. My wife started to have panic attacks due to the stress of being forced to live near these people. Finally, they were asked to leave (after about 9 months of Hell). New neighbors moved in soon after, and began complaining about us, though we were never informed as to what they had complaints about (the PM's never told us). They threatened to evict us if we complained again. After about 6 months of relative peace and zero complaints, these neighbors decided to move out. We just recently had new people move in. The first weekend in the house, they had a loud party and we had to call the cops to keep the noise down (we couldn't hear our own TV with all the doors and windows shut). I called the PM early today hoping to resolve a simple issue and received a T.o.T. letter in the afternoon. Is there anything I can do, beside move out
2 Answers from Attorneys
Re: Termination of Tenancy
You might contact the landlord directly, and provide a succinct chronology, since the property manager doesn't care about these issues.
Re: Termination of Tenancy
It sounds as if you are a month-to-month tenant. As such, the landlord can give you a sixty day notice without any reason whatsoever. That's the point of a month-to-month tenancy - you rent the place one month at a time, and at any time, either of you can cancel the rental on very short notice. The fact that he has a reason means very little - whether it is valid or not - again, he does not have to have any reason to terminate your tenancy. You could argue that you are being retaliatorily evicted because of your complaints, but that's not an easy case to prove, AND you have to let the landlord file an eviction against you which will be on your credit report for 10 years (even if you win). I'd suggest that its time to move along.
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