Tulare, CA asked in Landlord - Tenant for California

Q: My landlord has given a 30 day written notice of termination of agreement. No reason stated . I feel she has harassed me

Defamation, called other tenants work when asked not to . Spread lies to other neighbors. I’ve filed a police report for harassment. Should I take my eviction to court and how do I know I have a good case before goin to court

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2 Lawyer Answers

A: Many counties in California currently have local laws in place to protect tenants from eviction when they have problems related to COVID. No facts indicating you have such problems are offered, but they may exist and you are not thinking about them. A LL can terminate a tenancy of less than a year on 30 days notice. If you were there for more than a year, you are entitled to 60 days notice. You would know if you have a good case before going to court by hiring an Eviction Defense or Tenant's Rights attorney to evaluate your entire circumstance. A LL defaming you is not a good reason to stop an eviction. Calling other tenants is not a good reason to stop an eviction. Certain types of harassment and certain types of defamation are not good reasons to stop an eviction, but others can be.

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A: You may very well have the right to stay. California law provides that after all the tenants in a unit have continuously and lawfully occupied the property for 12 months or more, or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See section 1946.2 of the Civil Code for more information. Talk with a qualified local real estate attorney, or contact a tenants rights group regarding the specifics of your situation.

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