Q: eviction for repairs in 20 day
Hi, on Monday, 12/2/2024, I had a plumbing leak in my bedroom; on Friday, the 6th, the leak was fixed, but the room was still not habitable. I asked my landlord to fix it and change the carpet and pay Me for the hotel, yesterday 12/10/2024 he called me and said the apartment needed a lot of work and I had to go live somewhere else and he needed the apartment by January 1, 2025. note: I live there since 2016
My question is, can he do that?
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- California
- (916) 704-3009
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- Answered
A:
Under California law, your landlord cannot simply demand you vacate the property with such short notice, even for repairs. For substantial repairs that require the tenant to move out, landlords must provide proper written notice (not just a verbal notification) and follow specific legal procedures.
Since you've been living there since 2016, you likely have strong tenant protections. If the repairs truly make the unit temporarily uninhabitable, your landlord must either provide you with comparable temporary housing or reduce your rent proportionally. They must also give you the right to move back in once repairs are completed.
The landlord's demand for you to leave by January 1, 2025, appears to violate California Civil Code Section 1940.2, which prohibits landlords from using repairs as a pretext for eviction. You should document all communication with your landlord, take photos of the damage, and keep receipts for any hotel stays. Consider contacting your local housing authority or tenant rights organization for assistance, as they can help ensure your rights are protected during this situation.
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