Legal Question in Real Estate Law in California

can my landlord evict me

hi, i have a landlord that i believe is

trying to evct me for two main reasons.

(1) she claims that i threw a party last

saturday, which i did not. i wasn't even

home. (2) i got attacked in the

building, in front of secuirty who

acknowledged that it was not my fault,

so i fought back. i got hit above the eye

and needed stiches. i didn't hit the guy

because some people broke up the

fight. she is trying to claim that i was

actively involved in the incident, despite

the fact that she only arrived after i was

hit. is there ANYTHING that i can do to

get this lady off my back besides move

out?


Asked on 9/10/06, 6:21 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: can my landlord evict me

Please specify what you mean by "trying to evict" you. Have you received any 3-day notices, 30-day notices, etc., or just harassing phone calls from her?

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Answered on 9/10/06, 6:24 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: can my landlord evict me

Whather or not you can be evicted depends a whole lot less on your conduct and the truth or falsity of these accusations than it does on your contract with the landlord. If you have a long-term lease, it will be very difficult for the landlord to evict you; she would have to prove not only that the charges were true, but also that the conduct somehow violated your lease, which, even if factually true, probably isn't a violation. On the other hand, if you have a month-to-month deal, you can be booted out even if you are a perfect angel.

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Answered on 9/11/06, 12:12 am


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