Elderly Woman and Her Daughter Being Asked to Move Without Reason
My question involves an eviction in the state of: Ca. The property mgmt. woman that rented the condo to them through sec. 8 came to the door with a letter (not an evection yet) telling them they have to be gone by the end of dec. 2010, and when asked if she needed a reason to just kick them out, and she said no with a smile. Is this true?
They leased the unit for 7 mo., and have been on month to month since june 2010. They had to call the cops twice on the unit nextdoor because their a/c unit running 24/7(even on cold days)on the roof is old and vibrating so loud that they couldn't sleep at all! We think that the people next door are making meth, and somehow the woman from the property mgmt. is connected. Cops don't want to get involved. Long story.
They shouldn't have to move, but if they do, they need more time to find another sec. 8place, and the waiting list is sometimes over 3 yrs. My question is this; is it true that they can just throw them out with no reason? The property mgnt. woman did put down lies in the letter in which they never did. Thanks,
Frank
Re: Elderly Woman and 53 Yr. Old Daughter Being Asked to Move Without Reason
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My question is this; is it true that they can just throw them out with no reason?
Since they are on a month to month agreement, yes.
If they were under a formal lease agreement, under Section 8 rules, the landlord would have to show good cause in order to legally terminate the tenancy. They are tenants at will, which relieves the landlord of this obligation and permits him/her to end the tenancy with 90 days written notice. S/he need only give the reason of not wanting to renew the formal lease or not wanting to participate in the Housing Assistance Program any more.
Read Landlord's notice to end a periodic tenancy and the relevant case here.
Re: Elderly Woman and Her Daughter Being Asked to Move Without Reason
Thanks Missy. Wasn't what I wanted to hear, but thanks!
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Quoting
anzafrank
My question involves an eviction in the state of: Ca. The property mgmt. woman that rented the condo to them through sec. 8 came to the door with a letter (not an evection yet) telling them they have to be gone by the end of dec. 2010, and when asked if she needed a reason to just kick them out, and she said no with a smile. Is this true?
They leased the unit for 7 mo., and have been on month to month since june 2010. They had to call the cops twice on the unit nextdoor because their a/c unit running 24/7(even on cold days)on the roof is old and vibrating so loud that they couldn't sleep at all! We think that the people next door are making meth, and somehow the woman from the property mgmt. is connected. Cops don't want to get involved. Long story.
They shouldn't have to move, but if they do, they need more time to find another sec. 8place, and the waiting list is sometimes over 3 yrs. My question is this; is it true that they can just throw them out with no reason? The property mgnt. woman did put down lies in the letter in which they never did. Thanks,
Frank
Re: Elderly Woman and Her Daughter Being Asked to Move Without Reason
A landlord can end a periodic tenancy (for example, a month-to-month tenancy) by giving the tenant proper advance written notice. Your landlord must give you 60 days advance written notice that the tenancy will end if you and every other tenant or resident have lived in the rental unit for a year or more. However, the landlord must give you 30 days advance written notice in either of the following situations:
Any tenant or resident has lived in the rental unit less than one year.