Sacramento, CA asked in Landlord - Tenant for California

Q: Why would a lawyer say to me the TOA 90days you git is not valid but let's act like it is because I haven't heard

From your owner or property manager yet

Do I have to move or no ? Is it valid or no ?

Need second opinion or advice

I'm on section 8

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: If a lawyer has indicated that the Termination of Tenancy (TOA) notice you received is not valid, yet suggests acting as if it is, it could be for several reasons. One reason might be a precautionary approach to ensure you are prepared for any outcome, especially if there has been a lack of communication from the property owner or manager. In legal matters, especially involving housing and tenancy, the specifics of the notice, such as how it was delivered and its content, are crucial in determining its validity under California law.

For Section 8 tenants, there are specific rules and protections in place regarding eviction and termination of tenancy, including the requirement for a valid reason for eviction and proper notice. If the TOA notice does not meet legal requirements or if the proper procedure was not followed, it may indeed be invalid. However, the suggestion to "act like it is" valid might be a strategy to ensure that you do not find yourself unprepared should the situation escalate.

It's essential to seek a second opinion or further advice from a legal professional experienced in tenant rights and housing law, particularly for those on Section 8. They can provide a detailed analysis of your situation, the validity of the TOA notice, and your rights under California law. This will help you understand whether you need to move and what steps you can take to protect your tenancy.

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.