Q: Can I stil get a no cause termination (first year tenancy) even tho I've been in the complex for 6 years? Just new apt.
When the new owner took over in feb 2019. He had us all sign new leases. I was still in the old unit (where I lived 5+ years) when I signed it. Will that help my case since he MADE me move units in june?
A: I assume you are on a month to month tenancy though it is unclear what you mean by "he MADE me move units" - you had a lease presumably specifying your rental of that particular unit and where you would presumably be protected from no cause termination notices except for statutorily permitted reasons. Unless you moved pursuant to a court order, you likely voluntarily moved units in the end since it does not immediately sound as if the landlord had any legal right to require you to move. If it came to it, you might persuade a Judge to count your prior residence as making you there for more than a year. BUT the plain wording of the statute provides for the "first year of occupancy" to include all periods during which any of the tenants has resided in the dwelling unit for one year or less. On the face of it, it would appear that you have resided IN THE DWELLING UNIT for less than a year - another dwelling unit for way more than a year but less than a year in this dwelling unit. So in my mind, while it may be a close call and a Judge presumably could infer that the intent of the statute was to protect people like you that have been in the same complex for over a year, I suspect the more likely ruling would be that you have not been in this unit for more than a year and so you are in your first year of occupancy.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
