Legal Question in Real Estate Law in California

tenant/lanlord matter

What are my rights as a tenant? Because my lanlord just served me notice of no smoking anywhere on the property. I need to know if she can legally evict me for this?


Asked on 3/19/07, 6:10 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: tenant/lanlord matter

First, you should find out from the landlord whether this is her policy, or whether she is enforcing a local ordinance. If she is enforcing a local ordinance, there isn't much you can do, other than comply, and perhaps hope the law will be declared unconstitutional.

If, on the other hand, this is a new landlord-invented rule or policy, the policy amounts to an attempt to change the terms of your lease or rental agreement. I would say that if you have a long-term lease, the rule could not be enforced against you during the term of your lease. If, on the other hand, you are on a month-to-month rental agreement, I'd say it is only necessary for the landlord to give you 30 days' notice.

So, your starting point is to approach the landlady and ask her why the new rule is being put in place, and when does it take effect. If it is a private decision and not code enforcement, remind her that you have a lease (if indeed you do) and that the policy is an attempt to change the terms of the lease. Then see if she has any further arguments to make.

Read more
Answered on 3/19/07, 7:43 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California