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
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.
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