landlord/tenant
My landlord issued me a 30 day
notice to quit for noise. she said I
was warned 3 times in the nearly 6
years that i lived here. each time
she has gone on the word of the
same tenant. at no time were, the
police called, another tenant
complained or the landlord arrived. I
have joint custody of my daughter,
can she make me move in 30 days?
Re: landlord/tenant
It will depend upon your current lease agreement. Are you month-to-month at this point? If so, your landlord must give you 60 days’ advance written notice that the tenancy will end if you and every other tenant or resident have lived in the rental unit for a year or more.
If you are in a term lease agreement (not month to month) the landlord may choose to go through the unlawful detainer eviction process, which is much more detailed.
If you would like us to review the facts to offer more specific advice, feel free to email me.
Our landlord-tenant legal services provides legal rights notices to landlords on behalf of renters who are in your situation. If you would like us to draft a notice letter to your landlord our landlord tenant services offers this legal service for $100. This includes unlimited phone consultation.
Yours truly,
Bryan
619.400.4929
877.201.8728
As a convenience for our clients, we now accept credit card payments.
Bryan C. Becker
Your Lawyer for Life.
1205 Prospect Street, Suite 400
La Jolla, CA 92037
Re: landlord/tenant
Generally, if the notice is to terminate tenancy, then given that you have lived in the property more than 1 year, the landlord will have to give you sixty days notice. While she cannot generally make you move in 30 days, she can make you move in 60 days. If you refuse to move at the end of the proper notice period, then she will have to file an unlawful detainer lawsuit and obtain a judgment for possession, and have the Marshall’s office execute a writ of possession. The landlord does not have to have any reason to give you a sixty day notice to terminate your tenancy – you are (unless you have a term lease that you did not indicate in your post) a month-to-month tenant, and up until a few years ago, she could have given you just 30 days notice to terminate your tenancy. That is the downside to not signing a longer term lease.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC’s (the “Firm”) participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
David Gibbs
The Gibbs Law Firm, APC
110 E Avenida Palizada, Ste 201
San Clemente, CA 92672-3956