Legal Question in Landlord & Tenant Law in California

tenant & landlord

Recently i found out that a tenant across the way was enabled by the landlord to start a petition in attempt to evict us off the property for being problematic, this is all false, what are my rights?


Asked on 6/26/09, 1:17 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: tenant & landlord

Nobody but the landlord can evict you, or terminate your tenancy. First, if you are a month-to-month tenant, then the landlord can terminate your tenancy without any cause whatsoever, so I fail to see how a petition is really relevant. If you have a lease with a remaining term, then the "petition" may actually be the landlord gathering evidence to evict you for cause under the terms of the lease (nuisance, etc...). In either case, I doubt that any of this is going to help you avoid eviction or termination of your lease, as it is just not necessarily relevant.

If the information they are spreading can be proven to be false, then you may have a claim for defamation, but proving those cases is hard, and you will have to file a lawsuit to pursue it. While it may seem unfair, I just don't see, based upon the limited facts you present, where this is going to help you avoid eviction and/or termination of your tenancy.

*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.

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Answered on 6/26/09, 4:07 pm


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