Legal Question in Landlord & Tenant Law in California

Verbal Eviction Issue-Thanks for the help!

My current landloard has given me a verbal eviction notice on the grounds that I'm breaking my lease by having a pet. I've been living in my apt for 4 yrs and old landloard was fully aware that I had a cat and had given me verbal permission to keep it in my unit. I rented the apt because pets were allowed. I didn't get a written statement because I thought the verbal was enough. A new ladnloard took over 3 yrs ago and pets were never made issue. 1 week ago, they checked pluming & discoverd they need to remodel the entire bathroom. They've been remodeling upgrading units when one move out & raise the rent, & I'm the last one in an old unit w/ a lower rent. They called me & said they'll give me 1K if I move out quietly or will start the eviction on me. I'm in a rent control bldg & pay 1200. A remodeled unit charges 1500. I contacted LAHD but they can't help me since I haven't received the written eviction. I'm scared & don't want to have an eviction record & I feel this is a bully tactic used by them to simply get rid of me so they don't have to cover me while they fix the plumbing problem & can get more $ from a new tenant. What can I do? Am I going to be chased away from my own home or am I entitled to a better payout for moving?


Asked on 9/25/07, 7:22 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Verbal Eviction Issue-Thanks for the help!

The general rule is that the new landlord (LL) takes over the lease, and nothing changes. Although the pet being with you (and I understand since my wife and I have dogs and cats) was agreed to by old LL, it may be difficult to prove. Oral evidence is as binding as written evidence, just harder to prove.

There is no such animal as a verbal eviction notice. If you haven't been served with papers filed at the court, you are not (at the moment) being evicted.

LAHD is correct. You are NOT being evicted,

You can't blame the new L for wanting $300 extra rent per month, even though the methods are atrocious.

Wait until you get something in writing, then e-mail, or call, my office, and I'll try to help you. If you wish more at this point, you should retain an attorney to tell LL you are not moving, and if you continued to be hassled, you will see him in Court.

Read more
Answered on 9/26/07, 2:18 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California