As a So. Calif. tenant, (month to month Rental agreement), can a landlord evict or threaten me with eviction based solely upon my unwillingness to comply with their demands to not have my friend in the building over to visit ever again? I'm in Long Beach, b.t.w., which is non-rent controlled.
Long story -short: I've been renting here 17 yrs, & have been by their own admission: a good tenant, always paid rent on time, etc.; yet they're threatening to kick me out because they don't like a close friend of mine, (who has no permanent residence of their own, has severe mental illness, and has HIV). I, personally, am on state disability for mental illness as well, and I've already told my landlord/management that both my friend and myself are on S.S.I, & reason why. They're 'dictating' to me, that unless my friend never steps foot in the building again, I'll be given notice immediately (60 day to quit). Basically, it boils down to me having to lose this person as my friend, or losing my apartment - if I do as they're asking of me.
My friend has never done anything wrong, really, poses no 'threat' to the building nor fellow tenants, though they've tried to "hint" to that effect, & have even gone so far as to say that it's because she's homeless, has mental problems (specifically schizophrenia), and drinks, that they don't want her coming here at all any more. We just got a new landlord two months ago, and he doesn't like "her type" is what I was given as to my querry for 'any sort of valid "reason". The new landlord also told me that, "he has been asked by the owner to weed out, (not allow in the building), people who are 1)severely mental ill, are 2) homeless, are 3)alcoholics and are 4)illegal drug users - which she might be considered as 3 of those four (not the illegal drug use). Can they "do" that? or isn't this clearly "discrimination" on their part? Thanks in advance.
2 Answers from Attorneys
On a month-to-month tenancy in California, a landlord can serve an appropriate notice to quit for any reason or, for no reason at all, so long as there are no local rent control ordinances. Indeed, landlords have a duty to protect all their tenants, and given the facts you provided, may arguably have a duty to prevent your friend from visiting the property or face civil or criminal sanctions.
Sounds like a case of disability discrimination. Make sure you document everything for your ADA lawsuit.