Landlord Wants Me Out at the End of My Lease Term
My question involves an eviction in the state of: California
I live in San Diego. On 10 June I got a call from the building manager saying my 12 month lease, expiring 1 July, will not be renewed and I have to move. This was completely out of the clear blue sky. I explained I had no plans to move, and moving would be difficult right now because I am out of work. He said the owner of the building, a college professor, wants to give my apartment to one of his students and if I don't WANT to move, that's just too bad.
I called around and got a couple of leads on apartments but none will be ready until 7 July. I called and asked can I have until 7 July and he refused and said I have to be out by 1 July. I was shocked by his refusal of a very reasonable request, and that even with the extra six days I asked for I'm still not even given 30 days notice. Even worse, I called and called to ask for the extra time and it took him FOUR DAYS to get back to me...he has always been TERRIBLE about calling tenants back. I still have nothing in writing but the lease says it does not require any notice. when it expires it expires or goes to a month-to-month. but giving me SOME notice would be nice. even with the extra six days I requested that is still not the traditional 30 days.
I'm positive this is a retaliatory eviction to punish me demanding repairs and maintenance of both my apartment and the building as well. In my 12 months I have had to demand they repair things I shouldn't have even had to ask for, let alone utilize the "repair and deduct" tactic but I have threatened repair and deduct three of four times since I have been here, the last time was about two months ago for a MAJOR ant infestation. I have never had to actually USE repair/deduct, but it seems to be the only way to get their asses in gear. You can't get them to do ANYTHING with just one email...you have to HOUND them for stuff they should fix automatically.
For example, my kitchen window faces the street and would not close completely so it could not be locked. The previous tenant had a STICK in the window as a security device. When I moved in, I told them that was unacceptable. Anybody walking down the street could lift the window from the frame and enter my apartment in 10 seconds or less. I complained for MONTHS before finally telling them if they did not fix the window, I would have it done and take the cost out of the rent.
In another example, they are also required by law to either replace or re-key the locks when a new tenant moves in. I have complained several times because to this day that has never been done. Who KNOWS how many keys are floating around and who still has access to my apartment?
There are several other safety/health related issues I have complained about, both major and minor and they don't like complainers. Every tenant here has the same problem: complaints for maintenance are ignored. I have never heard him say this but several tenants have told me the manager has threatened them with rent increases if they ask for repairs.
They have certainly wanted to evict me for quite a while but since we had a 12 month lease, they could not unless I broke the lease and I never have broken it. I don't have room mates or pets, I am quiet and don't make problems, I get along with everybody, the rent has been on time 100%, etc.
The A-Hole manager has not been helpful. I have told him stop calling me, either email me or put it in a letter but he keeps calling saying, "We are going to be there at 5 PM on July 1st to get the keys and you better be gone." I keep telling him I am trying but just like I thought, when I apply for an apartment I get rejected because of no job. I have not slept in days. and even if I could move, I don't want to. I likve this apartment and this area. I have all the emails where I complain about this place but I don't know what can I do. I have money for rent but not enough money to move. Any suggestions?
Re: I'm Expecting an Eviction Notice 1 July and Am Worried Sick; I Think It is Illega
Does your lease guarantee automatic renewal?
Re: I'm Expecting an Eviction Notice 1 July and Am Worried Sick; I Think It is Illega
There's no law anywhere that would force him to keep renting to you. None.
However.. there are rules regarding the "when" and "why" . California is amazingly pro-tenant, too.
Start here: http://www.courts.ca.gov/selfhelp-eviction.htm
Re: I'm Expecting an Eviction Notice 1 July and Am Worried Sick; I Think It is Illega
I've never quite figured out why some posters will spend quite a bit of energy writing about all the things WRONG with their rental property and then end it all by stating they like the apartment and the area but....(and my children would say when they wanted to drive me crazy)...whatever.
The OP's lease ends July 1 and they've been notified that it will not be renewed. Whether this notification has been done accurately (i.e., a phone call) or with adequate notice (June 10th for a July 1 move out) probably doesn't matter all that much. It also doesn't matter WHY landlord/management wishes not to renew the lease. They don't have to provide a reason for doing so.
If they remain in the rental unit past this deadline the landlord/management may begin the process of eviction. However, a landlord cannot evict anyone; only a court can actually grant such and this takes time. In other words, they can't march in on July 1and demand the keys nor can they toss the tenant out. If the OP is serious about having those extra six days to move, not a whole lot will be done regarding an eviction in that time period.
If it were me, I'd be making those plans to move (if you stay put, it sounds like eventually an eviction WILL occur unless you happen to reside in a rent controlled area) and focus on being out by July 7th.
Gail
Re: I'm Expecting an Eviction Notice 1 July and Am Worried Sick; I Think It is Illega
No, there is no auto renewal, it just expires. The only way it converts or anything is if they accept one single dime of rent from me on or after 1 July. If they do, it automatically changes from fixed term to month-to-month.
Gail, re-read my complaint, then read CA Civil Code 1942.5. Once that is accomplished you may then apologize to me.
I LIKE the apartment and the area, as I said in the posting. A big part of that is because I FORCED the landlord to get it to a habitable condition, and on top of that, have spent my OWN money, time and effort getting it where I like....just as I stated in my complaint. Just because the landlord is an "a-hole" doesn't mean the apartment and/or the area sucks too.
yeah, it needed some work when I moved in, I was under the impression they would DO it because SANE landlords don't have to be ASKED to do things like repair a ground floor, street facing window that will not close or lock. that is a MAJOR security concern and a tenant shouldnt even have to ask...but the tenant before lived with that window for 3 years. I complained about it, and lot of other things, and NOW they want me gone when the lease ends even though I have never violated the lease.
THAT IS RETALIATION! It's ILLEGAL in CA to evict, not renew the lease, raise the rent by some OUTRAGEOUS amount, etc. if you are doing it to get rid of someone or make their tenancy pure hell--in other words--retaliate-- simply because they legitimately complained or ratted you out to some city or state agency for not taking care of their legit complaints. If the tenant had reasonable, legitimate complaints about the conditions of the apartment, and expressed them, you can't get back at them like a vindictive little kid! that would be an AWFUL situation if landlords can kick you out or jack up the rent by $800.00 per month because you demanded they fix a leaking ceiling that has RUINED half your furniture. can you imagine that?
Tenants have a the LEGAL RIGHT to complain about and demand reasonable repairs in California and to evict for that reason is ILLEGAL! I spelled that out pretty clearly in my post...I guess you just have poor reading comprehension or you're jaded by your bratty kids or something.
if the place sucked beyond just some needing some repairs, I would not have rented it. plus they are harassing me with repeated phone calls after being asked in writing twice and once verbally to knock it off, that EVERYTHING needs to be in writing from now on, and stop calling me 5+ times a day. harassment is ALSO illegal but I guess you missed that part too since you don't know why people have the NERVE to complain when they're getting screwed over.....WHATEVER.
Re: I'm Expecting an Eviction Notice 1 July and Am Worried Sick; I Think It is Illega
Well, since you seem to know it all...good luck.
And I'm sure you've never misread anything right?
Re: I'm Expecting an Eviction Notice 1 July and Am Worried Sick; I Think It is Illega
Quote:
Quoting
Sparrow49
No, there is no auto renewal, it just expires. The only way it converts or anything is if they accept one single dime of rent from me on or after 1 July. If they do, it automatically changes from fixed term to month-to-month.
I complained about it, and lot of other things, and NOW they want me gone when the lease ends even though I have never violated the lease.
THAT IS RETALIATION and it's ILLEGAL in CA to evict for retaliatory purposes.
Here is the issue, they have not evicted you. They have told you they will not be renewing your lease. There is absolutely nothing illegal about not renewing a lease. They can't evict you today because you have not done anything wrong. If they try to evict you before July 1st then you may have a legitimate complaint about retaliation.
What will happen is that they will not accept any more rent from you. Your lease will expire 7/1, then they can evict you legally, it will have nothing to do with retaliation, it will be because you are living there without a lease. The eviction will be 100% legal.
Re: I'm Expecting an Eviction Notice 1 July and Am Worried Sick; I Think It is Illega
"Gail, re-read my complaint, then read CA Civil Code 1942.5. Once that is accomplished you may then apologize to me. "
There is no need for me to apologize to you because, frankly, CA Civil Code 1942.5 plays no role in any of this.
Your landlord is NOT evicting you. They are, instead choosing not to renew your lease. Unless you are in a rent controlled situation, this is a perfectly legal choice for the landlord to make.
Understand the difference between an eviction (which MAY occur if you remain the unit after your lease expires) and simply not renewing a lease when it normally expires.
The only issue that is on the table here is that the landlord/management gives you adequate written notice regarding their intent not to renew your lease based on the length of time you have resided in the rental unit.
http://homeguides.sfgate.com/califor...ase-47198.html
Gail
Re: I'm Expecting an Eviction Notice 1 July and Am Worried Sick; I Think It is Illega
not by that much and not about something that important, no. I've not done that, NOR run my mouth off and insinuate someone is just sniveling about a bad decision and trying to swindle his way out of it. no, I've never "misread" ANYTHING to that level.
Re: I'm Expecting an Eviction Notice 1 July and Am Worried Sick; I Think It is Illega
What it appears you have done (and this is not unusual; happens quite a bit) is to confuse "eviction" with "nonrenewal" and mistaken simply the nonrenewal of your lease with some sort of retaliation because you are upset that you need to plan to move.
Understandable since, frankly, it's a pain to move.
Gail