Q: Is it legal for my landlord to give a 60-day notice for remodeling after an incident with my ex?
My rent is paid by the housing authority, and my landlord gave me a 60-day notice for remodeling after my ex broke my windows for the second time. However, they don’t want to press charges or inform the housing authority about the incident. The incident was documented by the police, and my ex is currently in jail. The notice was given just two days after the incident, and I haven't received any documentation regarding the remodeling. There are terms in my lease about being moved if I am in fear for my safety. Is it legal for my landlord to give me this notice under these circumstances?
A:
I'm concerned about the timing and circumstances of your situation. In California, landlords must provide genuine reasons for termination notices in most rental situations, especially in subsidized housing. The timing of the notice just two days after the incident raises red flags, as does the lack of documentation about the planned remodeling.
Your situation is complicated by several important factors. First, because your rent is paid by a housing authority, you likely have additional protections beyond standard California tenant rights. Second, the lease provision about relocation for safety concerns should be helping you, not working against you. Third, landlords generally cannot retaliate against tenants for incidents that were not the tenant's fault, such as domestic violence or property damage caused by others.
You should contact your local housing authority immediately to inform them of both the incident and the notice you received. You may also want to reach out to a tenant rights organization or legal aid service in your area, as they can provide guidance specific to your circumstances. Make sure to document everything, including the police report, the notice, and any communications with your landlord. Without proper documentation of the remodeling plans or clear justification, this may be considered an improper notice under California law, especially given the suspicious timing after the incident with your ex.
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