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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 113505
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My landlord is evicting me simply because she wants to move

Customer Question

My landlord is evicting me simply because she wants to move in. I have always paid my rent on time. I have no money to move. I am in California. Am I covered by Tenant Eviction Notice Without Cause? Is there anything I can do? We will be homeless (my daughter and I) by the end of the month.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Do you have a lease for a specific period of time? Or are you a month to month tenant? Have you been a tenant for more than 12 months?
Customer: replied 1 year ago.
I am a month to month tenant. I have been a tenant for three years with a 14 year old daughter. She has another house in the neighborhood. I am not sure if my county (Nevada County) has rent control.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Because it is a month to month rental and you have been there over 12 months, the landlord must give you SIXTY days (60 days) notice to terminate the tenancy, see: CA Civil Code Section 1946.1(b). So, you need to write the landlord and tell her that you appreciate she has a right (in a rent control area or not) to terminate the month to month tenancy for moving in with giving you notice, but the law requires 60 day notice because you have been a tenant more than 12 months. Tell her that her notice is in violation and if she wants to give you the proper notice then the law says you must comply.
However, make no mistake, if she gives proper notice as a month to month tenant you would have to move out.
Customer: replied 1 year ago.
However, doesn't state law state if she has a comparable home in the area (she does) she must provide moving costs?
Customer: replied 1 year ago.
This is an owner move in.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Only if it is under rent control, which you say you do not know.

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