Legal Question in Real Estate Law in California

Unresasonable Tenancy Termination

my appartment manager has caused an incident in which, as a tenet-i am being evicted. The property management company has not tried to contact me to get my side of the events, but has give me an eviction notice(30 days). What rights do I have and is the procedure if i'm not out in the allotted time??


Asked on 12/19/02, 12:31 am

1 Answer from Attorneys

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

Re: Unresasonable Tenancy Termination

If you have a story to tell, you shouldn't wait to be contacted. Try to contact the management company yourself.

Whether you can be served with notice and evicted depends upon several things. The first is whether you are on a lease, or month-to-month. If you have a lease, you can't be evicted unless you have breached the lease or, perhaps, used the apartment for an illegal purpose.

If you have no lease, but are month-to-month, you can be given a 30-day notice unless you are in a city with a local rent-control ordinance that requires cause to terminate any tenancy.

In non-rent-controlled communities, month-to-month tenants can be evicted for good cause or for no reason at all, but not for a bad reason such as discrimination or retaliation.

Without more facts that's about all the analysis I can provide of your position.

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Answered on 12/19/02, 1:09 pm


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