Legal Question in Real Estate Law in California

Living in rent controlled apt 33 yrs, new owner, evicted.

I've been living in my apt for 33 yrs with my now 92 yr. old Mom. Sherman Oaks, rent control...new owner served me with a ''Notice of Termination of Tenancy'' in 30 days or Sept. 30, whichever is later! I'm a 40 yr old woman and have been her 33 yrs also! Can she do this? This has been an on going thing since May, got the evict 8/22/02. where do I stand? Help!!!


Asked on 8/29/02, 12:33 am

3 Answers from Attorneys

Re: Living in rent controlled apt 33 yrs, new owner, evicted.

You need to consult a real estate lawyer familiar with the rent control law of Sherman Oaks. In the cities with which I am familiar (Northern Calif.) a landlord may evict a tenant, but cannot raise the rent to the new tenant. If the same is true where you live, you might point this out to the landlord.

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Answered on 8/29/02, 1:48 am
Larry Rothman Larry Rothman & Associates

Re: Living in rent controlled apt 33 yrs, new owner, evicted.

The 30 day notice must specify an allowable reason for the eviction under rent control. I do not understand what the 30 day notice has to do with May. Please fax the 30 day notice to me and I will call you with free consultation.

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Answered on 8/29/02, 8:42 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Living in rent controlled apt 33 yrs, new owner, evicted.

Yes. A landlord can evict a month to month tenant for any reason, so long as it is not an improper reason, e.g. racial, on 30 days written notice. You and or your mother, though, may be entitled to statutory relocation assistance. To see if you qualify, contact an attorney who handles landord tenant law. Also, if there is more to the story, you may be entitled to resist eviction on other grounds.

If you would like us to provide further assistance, feel free to call for a full consultation.

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Answered on 8/29/02, 12:49 am


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