Legal Question in Real Estate Law in California

Can you evict the Disabled?

My roommate and I are both struck with terminal illnesses. I have been out of work for the last 6 months. Our previous landlady died a month ago, and the new owner just purchased the building. Last night, he posted an eviction notice on our door giving us a 30-day notice to vacate.

We are 'month to month' renters in Oakland, CA. I have learned that a property owner can evict without cause. However, I want to know if he can evict persons that have a state recognized disability. Please advise.


Asked on 2/13/99, 3:23 am

1 Answer from Attorneys

Jed Somit Jed Somit, Attorney at Law

Re: Can you evict the Disabled?

Yes, the disabled can be evicted without cause. A disabled person cannot be evicted because of the

disability, nor can a selection of tenants to evict be influenced by

a disability. Discrimination is not allowed, but there is no general protection from

the operation of laws and rights of general application.

Jed Somit

Jed Somit, Attorney at Law

1440 Broadway - Suite 910


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Answered on 2/17/99, 12:42 pm


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