Legal Question in Real Estate Law in California
Do Not Have Lease: Can I be evicted without reason
My landlord wants to give me $3,000 to move. The tenant upstairs has lived there for 2 years and pays a lot of money. I have lived there for 6 or 7 years and pay a lot less. The upstairs tenant has never had a problem with us but his is a little crazy. He screams at the garbage truck, at cats, at people on the street during the day talking at a normal level. One weekend we had 2 people spend the night and he was upset because he could hear doors opening and closing. There was no party, and no illegal activity. There was only a normal level of noise. The people we had over had a beat up van that was parked out side on the street. He did not like that. I think that was the real problem. He came down stairs and threatened my partner with physical violence. My partner said that we are not making any noise and that he thought there was no reason to get so upset. The tenant then went to the land lord and told him he was moving. We are up to date on the rent. We have had past problems but the land lord agreed to wait in those cases and said ''No rush''. But he never threatened any action and it has been quite a while since asking him to be late on the rent. I have no lease. He does not do leases. There is no renters agreemen
3 Answers from Attorneys
Re: Do Not Have Lease: Can I be evicted without reason
Your landlord has to give you 60 days' notice to evict you without reason, unless you are subject to LA's Rent Stabilization Ordinance. He could evict you without any reason upon such statutory notice. If you think there's some discrimination going on (partner?) that's another issue, as well. Good luck to you. Neighbor and landlord issues never are pleasant.
Re: Do Not Have Lease: Can I be evicted without reason
from the facts, it appears you have an "at will" tenancy, meaning either you or the landlord can terminate the rental term with proper written notice to the other party, absent any discrimination or public policy issues at play. with this in mind, you may want to strongly consider accepting the $3000 offer to move under the circumstances, especially since your neighbor sounds like a "lunatic" who will continue to make your lives miserable per se. if you would like further assistance, contact us directly.
Re: Do Not Have Lease: Can I be evicted without reason
This is a loaded question.
First, you have a lease. It is an oral lease. The terms of the lease are those that you and you Landlord (LL) have agreed upon. Your tenancy is likely month to month. And as such, the LL can terminate your lease upon 30 days written notice. (However, if you are in a rent control jurisdiction, you may be entitled to additional notice).
Second, if you are in a rent control jurisdiction, there are a variety of other rights which you have, and obligations which your LL has. Too many to go into here.
Third, your LL cannot force you to move by paying you. However, if he can merely terminate your lease upon 30 days written notice, it may make sense to take the money.
Fourth, your LL cannot evict you for a wrongful reason. And there are many of them. Again, too many to discuss here.
You should seek the advice of an attorney familiar with landlord/tenant issues.
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