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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33802
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Been living in my apt for 4 years and my daughter in another

Customer Question

been living in my apt for 4 years and my daughter in another apt at same complex never any problems and then a new management took over and we both got a 60 day termination notice for no reason. I feel we are being targeted. I called the office and asked why and they said because they want to remodel, our apts were chosen out of over 60 apts. my daughter walked around all three floors and no one else got a notice . everything started when our neighbors daughter was leaving the complex and my daughters boyfriend was out by the gate with his friends and his daughter called her dad that she was scared when she saw them. after that time he has something against my daughters boyfriend he is Mexican with tattoos and I feels he is intimated by that. one time he even called the police on him and made a report about him and the police came and arrested him after that my roommate has seen him talking to the manager and after that we got the termination notice. we never even seen or ever talked to the manager. and we get the notice. every time the manager sees me or my daughter or her boyfriend he always stops and gives us a long stare and we feel harassed and intiminated by him.we were not even given an offer to relocate to another apt. what can I do. we don't bother. they also said in the termination notice was given because we are month to monts. also how can I get a copy of the police report that his name will be on it. I know by him talking to the manager has something to do with this. anyway I can file charges against them. we don't want to move. my neighbor even told my roommate that he will get rid of my daughters boyfriend. there is no reason for that. the manager is believing whatever he is telling him without ever knowing us. how can you help me. I'm 71 years old and been working since 1964. 22 1/2 yrs in the navy, 5 yrs at general electric and 24 yrs at my present job, I don't think I'm a trouble maker or my daughter. hope you can help.
Submitted: 1 month ago.
Category: Legal
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

Expert:  Barrister replied 1 month ago.

I am very sorry to have to tell you this, but in CA a landlord can terminate a month to month tenancy at any time and without providing any reason as long as they give proper notice. If a tenant has been there under a year, it is 30 days, if over, 60 days.

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So they can terminate the tenancy if they want to renovate, or they want to rent to someone else, or if they just don't like the tenant, or for any other reason under the sun, even if the tenant has been great. Just as long as they don't do so for an illegally discriminatory reason. The problem is that if they don't give a reason, or claim it is for one reason that is not illegal, there is no way to prove their true motivation.

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In the same way, a tenant can terminate at any time with a 30 day notice and the landlord can't force them to stay. So it goes both ways.

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I don't like the outcome here, as it seems unfair that you are being penalized for something you have no control over, but legally if they provide proper notice, they can end your tenancy.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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