Legal Question in Landlord & Tenant Law in California

Unlawful Termination-RV Storage since 1996

I have leased 2 spaces- for a 7'x 37' trlr since '96 & 72 Cad since 94. 30-day notice dated 8/14, given to me 9/12, no descr. of propr. or sp no. Supposedly land is leased from PG&E- who did a ''Materials and Environmental Inspec.'' required removal of items not in compliance and prop w/o strg aggrmnt on file. I asked what was not in compl. about the trailer, he said oh it's just an eyesore. I guess, since it's been vandelized several times past 3 yrs, never allowed more than half hr access to repair Even now, no access to empty it. Threatens to tow and store or dismantel I have 2300+ law books in there -the complete series of Cal App 2d, 3d, 4th and Ca. Rprtr from 1800's tio 2004 I just realized he has breached my lease not allowing access I've always had. He has allowed illicit use of the lot by some guy 24/7 for 2 yrs that turned it into a junk yard, pilfering dumpster daily, scrapping cars for metal- DEA and police have been back there, towed an Escalade away. Now Mgr pretends it got trashed during his recent 2 wk vacation. I have dated pictures its been trashed over a year but didn't use them. He's using me as a smoke screen for his unlawful behaviour.


Asked on 10/27/08, 1:59 am

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: Unlawful Termination-RV Storage since 1996

Do you have a written lease for the space that is more than a month-to-month agreement? If not, you are on a month-to-month rental arrangement with the owner of the RV lot, and frankly, he can terminate your rental agreement on 30 days notice - irrespective of how long you have leased it. If you have a term agreement, then it should have specifics in it regarding what you must do to be in compliance, and what triggers his right to evict you. All of the other information is interesting, but frankly not relevant as you don't have the protections of a residential rental - not even the protections of "retaliatory eviction", so my suggestion is to find a new place to store your trailer and car.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 10/27/08, 1:34 pm


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