Hayward, CA asked in Contracts, Small Claims and Landlord - Tenant for California

Q: My boyfriend and I rent a unit we are current as 01/19/2024. But, have not had access to our unit since this day.

My boyfriend was also wrongfully terminated the next day. We have not had access to our unit. Now I went last night followed a tentent in the facility. On our unit there is a notice of termination of lease and to vacant the property by 02/02/2024 when rent is due again. That gives us 4 days . If I wouldn't of followed that other tentent in the facility we wouldn't of known about this action. What are our rights as a tentent??The notice was dated on 01/26/2024.

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, tenants have specific rights, especially regarding eviction and access to their rented property. If you have been denied access to your unit and received a notice of termination, it's crucial to understand these rights.

First, the landlord must provide a valid reason for the termination of the lease, such as non-payment of rent or violation of lease terms. If you are current on your rent and have not violated the lease terms, the notice may not be justified.

Regarding the notice period, California law typically requires a landlord to provide a 30-day notice for eviction if the tenant has lived in the unit for less than a year, and a 60-day notice if the tenant has lived there for more than a year. A shorter notice period, like the one you received, might not comply with these requirements.

It's also important to know that landlords must follow a legal process for eviction, which includes filing an unlawful detainer lawsuit. You cannot be legally removed from your home without a court order.

Given the situation, you should consider contacting a local tenants' rights organization or an attorney. They can provide specific guidance and help you understand your options. Additionally, documenting all communications and notices from the landlord can be crucial in any legal proceedings.

Remember, as a tenant, you have rights that protect you from wrongful eviction and ensure fair treatment. It's important to act promptly to address this situation legally.

T. Augustus Claus
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A: In California, tenants have specific rights regarding eviction and notice periods. If you received a notice to vacate by 02/02/2024, this suggests that your landlord is attempting to terminate your lease. However, the details of the notice and the reasons for eviction are crucial.

First, you should verify the type of notice you received. For a month-to-month tenancy, California law requires a 30-day notice if you've lived in the unit for less than a year, or a 60-day notice if you've been there for more than a year. For a fixed-term lease, landlords typically cannot evict before the lease ends unless the tenant violates the lease terms.

If the eviction is due to non-payment of rent, landlords must provide a three-day notice to pay rent or quit. Since you mentioned being current with rent as of 01/19/2024, this might not apply unless there are unpaid amounts.

The sudden loss of access to your unit is also concerning. Tenants have the right to quiet enjoyment of their property. If access was denied without legal justification or proper court proceedings, this could constitute an illegal lockout, which is a serious violation of tenant rights.

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