Q: Givin a 60 day notice to move out (under Ca. code 1174 of Civil Procedure) no reason given (rent paid up never late)
What filings do I need to stop this and get a court date Or hearing
Thanks
A: Your rights and remedies depend on what kind of rental agreement you have: a lease for a specific period of time, or a month to month rental. On a month-to-month rental, the landlord does not have to specify a reason for terminating your tenancy; he just has to serve you with a 30-day notice, and you must be out in thirty days. However, since your landlord served you with a 60 day Notice, you must have had (or now have) a lease for a specific period of time, and that time has ended. If you have a lease, and it has not expired by its terms, the landlord cannot terminate your lease without specific cause. If he does, he is in he wrong. I don't know which of these situations is the one you are in, but it probably fits one of the scenarios above.
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