Sacramento, CA asked in Landlord - Tenant for California

Q: can the landlord give a notice to quit 90 days for no reason? I pay my rent before the due date for almost 3 years.

I have been here for almost 3 years. paid rent before the due date. My son was just diagnosed with a mental illness at the age of 35. We were both on the lease for the first year now we are on a month to month. My son does yell and scream but has never made a threat to anyone. We live in a duplex and my thoughts are the neighbor has complained but no one gave a warring. I called the management company and they said the landlord can do this anytime he wants its how it is. I cant aford anything now and scared I will be living in my car with my son. can they kick out someone is 63 and a son with mental illness? its just not right.

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2 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Landlord Tenant Lawyer
  • Mill Valley, CA
  • Licensed in California

A: The general rule in California is that a month to month tenancy can be terminated by either the tenant or the landlord with proper written notice. A few jurisdictions have special eviction controls. However, a landlord may not discriminate against renters who are members of protected classes. You do not have any easy case, but if you can prove that the landlord is discriminating based on your son's disability, you may be able to stay. Your best action would be to find a tenant's attorney to represent you. If that is not possible at this time, try to get a tenant's rights organization to help, or a government agency. The following are links to potential sources of help in your area: https://www.saccourt.ca.gov/ud/resources.aspx http://www.saccounty.net/FairHousing/Pages/default.aspx http://www.rentershelpline.org/

Manuel Alzamora Juarez
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Answered
  • Landlord Tenant Lawyer
  • Berkeley, CA
  • Licensed in California

A: It depends where you live. If you live in a rent control city, you will have a better chance to prevail against the landlord. Or you may sue him for discrimination. (Hard to prove, though). Get a lawyer to advise you. Best of luck.

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