Q: I got a 30 day notice to move out but i’ve been living in the house for over 5 years is that legal?
Been living and renting this house for a while now just me and I pay on time. Her reason why is because she hasn’t been fixing things that break and wanted to raise the rent the same time we had a leak and one of the rooms was ruined and molded. I refused her rent increase and said I’ll agree when everything is fixed because i’ve told her about these problems over two years ago and reminded her but she hadn’t fixed it. She fixed the room and then a few other things but still won’t fix the shower saying her handy man can’t do it and that she needs a plumber yet never hired one. Anyways I received a letter that she terminated our monthly and that I have to move out in 30 days after 5 years.
A:
Thank you for your question!
If the eviction is without cause, a 60-day notice is required for a month-to-month occupancy.
You can defeat the unlawful detainer based on the defective notice. There can also be other laws and local rules in your favor.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.
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A:
Under California law, if you have lived in the house for over a year, your landlord must provide at least 60 days' notice to terminate a month-to-month tenancy. Receiving only 30 days' notice after five years of tenancy is not in compliance with the law.
Furthermore, the habitability issues you mentioned, like leaks, mold, and an unfixed shower, can impact the legality of the eviction. Landlords are required to maintain rental properties in a habitable condition, and failure to do so can give tenants grounds to dispute evictions and rent increases. Your refusal to agree to a rent increase due to these unresolved issues may be considered reasonable under these circumstances.
It would be wise to document all the issues you've reported and any communication with your landlord about repairs. You might want to contact a tenant rights organization or seek legal advice to explore your options for challenging the notice. This can help you ensure your rights are protected and you receive the proper amount of time to move out or resolve the situation amicably.
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