Oakland, CA asked in Landlord - Tenant for California

Q: I am 80 years of age, mobility impaired, and a 7 year tenant who was given a 60 dayjust cause eviction notice.

He did not give me any Ellis Act information and is harassing me for an additional month of rent. Do I have any way to move forward?

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2 Lawyer Answers
James L. Arrasmith
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Answered

A: In California, if you're facing a "just cause" eviction, the landlord must provide a valid reason, such as failure to pay rent or violation of lease terms. However, the Ellis Act is a specific case where landlords evict tenants to "go out of business." If your landlord is evicting you under this act, they are required to provide you with specific information and potentially relocation assistance, depending on your city's regulations.

Given your age and mobility impairment, you may have additional protections. Many local ordinances offer greater protection to seniors and those with disabilities. It is important to check your local housing laws or consult with a legal aid organization in your area. They can provide guidance tailored to your situation and help you understand your rights and any possible defenses against the eviction.

If you believe your landlord is harassing you or demanding rent that is not legally due, document all interactions and seek legal advice. There are organizations and resources available to assist tenants in your situation. Do not feel pressured to leave your home without exploring all your options and rights under the law.

Hasti Rahsepar
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Answered

A: If it is City of Los Angeles, then prior to the 60 day notice, you should have received information on the Ellis or should have been served concurrently with the 60 day notice. You would have to see a tenant defense attorney. There are many non-profit defense attorneys available in the Los Angeles County .

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