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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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Our building manager says that if we 't move within 2 months

Customer Question

Our building manager says that if we don't move within 2 months we will be evicted. The reason is that neighbors hear us fighting. Although we don't fight, we speak loudly because my partner is hard of hearing. I have lived here for 12 years. We don't have a lease. By the way, I'm 60 and he's 62. What are our recourses?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Which state are you located in? Is it California?

Expert:  Loren replied 1 year ago.

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Expert:  Loren replied 1 year ago.

Unfortunately, without a written lease you are month to month tenants. As such, your tenancy may be terminated at any time, after the statutory notice period, for any reason or no reason. In California, after one year or residency, the notice period is 60 days, which is why I suspect you are located CA.

Expert:  Loren replied 1 year ago.

Therefore, your real choices are to negotiate with or convince the landlord to withdraw the termination notice (perhaps a hearing aid might obviate the need for speaking so loudly that it disturbs fellow residents) or to find a new place to live.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 1 year ago.

Are you online with me?