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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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My question is, can a management give a 60 day notice

Customer Question

my question is, can a management
give a 60 day notice for false statement stating that tenant cause damage to property/common waste . also can you give an exact definition as to what common waste means. here is a short as possible detail into what led up to mangers giving this 60 day notice and why I feel that they are in wrong. on nov 04th 2015, the manager Brandon was suppose to come in with the pest control so that he/she could come in and spay for bedbugs .#1 we were only given two days notice to place all of our personal belongings in the center of our apartment.and withis being said .id like to also mention that ive lived here and resided here for ten years and my roommate 11 yrs. so natureally of course weve accumulated a lot of stuff. mainly me with a lot of art materials . never did it state that there was going to be an inspection of our place as well . so as the manager continues to come in mine and my roommates place .Brandon the manager starts going off on how much damage there was and how much it was going to cost them.mind during the whole time residing here ,the apartment unit has had no work done. as well as making a statement to us .stating and I quot"{in order to fix the problem and get rid of the problem. the solution is to get rid of you "{.then I replyed back to him "what do u mean get rid of me ,are u f.......serious"then I replyed as well that"wait a min I came to you about this bedbug problem that that was the reason why I sent pictures of another tenants unit explaining to you.(meaning management) exactly that it was not to get that person in trouble .but that if they could say some thing to her about this matter sence she took it upon herself to letting it go for quite a few months . which now caused a majority of the building to be infested. and then it was said by brandons mouth was said that I would be the blame and not the person ive mention and that verbaly by aundea the other manger said this should be considered our 60 day notice before giving any kind of paper stating that we have 60 days. also would like to mention that there were a few more stuff that was said that would also not be true . and in bringing this to there attention and asking them for the proof they said they had and we ask to see and or have them write down of each item . they did not provide as well as Brandon provoking a fight with my roommate and has done this in the beginning of wich and when they started takeing over for this apartment building . so I'm asking u if u could be so kind an giving any legal edvice to this situation I would be so greciaiusly thankful and would also appreciate it so very much much if there is any way possible that there may be a solution so that I wont and my roommate wont have to move . during the last ten to eleven years living her we were never late on rent. thank u for your time in readin this . sincerely ***** *****&patrick omalley. the phone u can reach me at @any time is ********* have a great day.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn about this situation.

While I am uncertain why the landlord chose to identify an issue ("common waste") as a basis for the 60 day notice, it is possible for a landlord to simply terminate a lease without any reason whatsoever, with a 60 day notice.

This is a "lease termination" and simply means that the landlord no longer wishes to lease to the tenant, and that they are going to end the lease - it is generally "without fault" and the tenant is not being evicted (while the effect may feel the same as a tenant - you are losing your apartment, the distinction is very important as you look for a new unit).

If you are in a rent control area of California (there are very few), this may be why the landlord chose to identify a reason, in which case, it may be that the landlord has overreached and that you have a valid defense against their attempt to evict you - in which case I highly recommend contacting local legal aid as quickly as possible (I know there is a holiday tomorrow, but early next week should be soon enough).

The California Landlord Tenant Handbook will be of great help to you here (especially with dealing with the move out and security deposit issues: http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml (use the link to the index at the bottom of the embedded page for more details).