Legal Question in Real Estate Law in California
Landlord Terminating Lease Early
I have recently been served with a 30 day notice terminating my lease. My lease doesn't expire until April 2001. My rent has been paid. When I questioned the management company about why I was being evicted they stated that I was no longer wanted as a tenant. Can they evict me without a justified reason? Also, they have been charging a flat late fee, which I was told by a California attorney was no longer legal (persuant to Civil Code 1671(b) & (d) and 3302. According to the information I was given this became law in 1999. Can I use this as a negotiating platform to keep from being evicted?
1 Answer from Attorneys
Re: Landlord Terminating Lease Early
If you have a lease for a specific term, as distinguished from a periodic (month to month) lease, and you have not materially breached any of the terms of that lease, you cannot properly be evicted until the end of the lease term. The reason given in your question certainly does not constitute a ground for breach of the lease by the landlord.
Therefore, based on the information you gave, I think you are on solid legal ground. Whether it is worth retaining a lawyer to assert your rights is another matter. I think you should at least gather together your written documents (lease, eviction notice) and seek a 1/2-hour free consultation with a local attorney specializing in landlord-tenant matters.
Alternatively, you could negotiate and/or try small claims court, but for various reasons including what looks like an unreasonable position by the landlord I think your better option is to see an attorney now.
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