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Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 99456
Experience:  Attorney
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I have lived in my rental house since Dec., 1968. I have had

Customer Question

I have lived in my rental house since Dec., 1968. I have had a storage shed at the rear of the house for that time. The shed was falling apart, and I had it replaced with a larger one. There was a miscommunication, and the shed was rebuild taller so as to block some light to the apartment at the rear of my house (on the same lot). The replacement shed was built about ten months ago, with permission of my neighbor who works for the management company, and used to manage my property, but does not manage it now.
This morning I received a notice that I have 7 days to remove the shed or legal proceedings will be instituted.
I wonder if seven days notice is adequate due to the length of time the shed has been there.
I am disabled and elderly so it will not be possible to arrange to have the shed removed in seven days.
What do I need to do. I have been a tenant for almost 50 years, under rent control since 1979, and the management company would like to evict me if possible so I need to reply to this notice which was placed on my door in a timely manner. Thank you.
My daughter is out of the country for a week. She would be helping with these arrangements when she returns.
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. What state is this in, please?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 2 months ago.
California, Santa Monica Rent Control jurisdiction
Expert:  Ely replied 2 months ago.

Thank you, ***** ***** this website, I do not always get to give good news, and this is one of these times.

Per California Code of Civil Procedure Section 1161, if they are alleging a breach of lease/unauthorized action (aside from non payment of rent), then they only have to give you THREE DAYS NOTICE to "fix" the issue before proceeding with any legal action. This is regardless of how long you have lived on the property.

Only if you or the landlord chooses to end the lease without alleging fault, do you get special consideration in that the landlord has to give 60 days notice (which is more than regular tenants get). This is true even if one is a senior citizen and/or has a disability.

You can either fix the issue (you may get more time in writing with them), or, not. But if you do not, then they can evict. Perhaps this is what they have been meaning to do all this time, and are grabbing this as an opportunity to do so ("the management company would like to evict me if possible").

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