Legal Question in Landlord & Tenant Law in California

Landlord/Tenant

My landlord served me with a 60-day eviction notice because my June rent check bounced. She didn't even give me a chance to rectify matters. I've been laid off for four months (she knows this) and so financially I'm really suffering. I've lived there for over four years and have been a model tenant. I don't have the resources to move and I want to fight the eviction.


Asked on 6/25/09, 1:09 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Landlord/Tenant

First, very sorry to hear about your financial problems - sadly you are not alone in this terrible economy.

Do you have a term lease? If not, you are a month-to-month tenant, and as such, you have no right to remain in the property more than a month at a time. Rather than give you a three day notice to pay or quit, the landlord has simply elected to terminate your tenancy with a sixty day notice. The landlord may absolutely do so, and need not have any reason for doing so. I would suggest that you not focus on fighting it, but rather focus on finding a new place to live. The only defense to a sixty day notice is if the termination of your tenancy is in some way based on retaliation for something you may have done (filed a complaint with the City, etc...). Terminating your tenancy because you failed to pay rent is not grounds for retaliatory eviction.

*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.

Read more
Answered on 6/25/09, 1:27 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California