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Can My Landlord Evict Me For No Reason In The Middle Of A 1 Year Lease?

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  • 05-23-2008, 09:18 AM
    djbds
    Landlord Wont Fix Broken Heater For Over 6 Months And Wants To Evict Me
    My question involves an eviction in the state of: California

    My question involves an eviction in the state of: California

    My heater broke around October of 2007...I had a certified heater repairman come to the house; verify the problem, he called the landlord and explained it HAD TO BE REPLACED, told the landlord he could do the job within 3 days, and even signed a statement to the fact which was sent to the landlord.

    I told the landlord if he bought the heater; I would install it (I am a carpenter) so he could catch a break on install cost...he said that would be great! To this day...he has NOT done a thing about even so much as buying a new one or even GIVING ME A SPACE HEATER!!!

    I live at Lake Tahoe...it has been extremely cold since October (thank god summer is around the corner)!!!

    Now the landlord is trying to evict me!! He gave a notice with absolutely NO REASON for eviction!! Now, I am NOT in a month-to-month lease!! I signed a BRAND NEW YEAR LEASE about 3 months ago!! How can he evict me with NO REASON while I am in a year lease?

    Is it a coincidence that he just put the apartment up on the market for sale at the same time he sent the eviction notice? I have NOWHERE to move to, money is extremely scarce, work is practically impossible to find, and I am freezing my behind off!!!

    What do I DO????? By the way...I HAVE been paying full rent this ENTIRE time the heater is completely out of work!!
  • 05-23-2008, 09:19 AM
    djbds
    Can My Landlord Evict Me For No Reason In The Middle Of A 1 Year Lease?
    My question involves an eviction in the state of: California

    My question involves an eviction in the state of: California

    My landlord has tried to evict me now TWICE in the past year...both times for absolutely NO reason.

    This time around, he sent me a letter (regarding the eviction notice) saying that I did not pay him LATE FEES for a couple of months. Seeing as I have NEVER been late...how is that possible? ALSO...he never put late fees on my rent to begin with...why now? Is it even legal to charge late fees? I ALWAYS have the postal worker verify my postmark for the rent payment...EVERY TIME.

    Lastly, in the same letter he said that my presence at the apartment brings down its value and discourages people from wanting to look at it... because NOW...HE IS TRYING TO SELL IT!! Didnt even warn me of the sale!!! I have the cleanest, most well kept, and incredibly landscaped (all done by ME) apt on the block. I shovel snow, sweep, clean, water, etc...all the apartments on the block as a favor to my neighbors...because I can...and because I try to be a good neighbor.

    Can the landlord just up and evict me because he wants to sell the apartment from under me? I just signed a year lease no more than 3 months ago!!!

    PLEASE HELP!!!!!!!!!!
  • 05-23-2008, 10:38 AM
    aaron
    Re: Can My Landlord Evict Me For No Reason In The Middle Of A 1 Year Lease?
    You are stating that there is no provision in your lease for late fees? And the sole basis recited by the landlord for the eviction is nonpayment of late fees? This is a three-day notice?
  • 05-23-2008, 10:54 AM
    panther10758
    Re: Can My Landlord Evict Me For No Reason In The Middle Of A 1 Year Lease?
    California rental regulations can be found here
  • 05-24-2008, 05:42 PM
    djbds
    Re: Can My Landlord Evict Me For No Reason In The Middle Of A 1 Year Lease?
    The rental agreement has no specific provision concerning late fees. The evicition was not a 3 day...it was a 30 notice to vacate. I am thinking of putting the rent into escrow and not paying until the landlord fixes the heater that has been completely broken since this past October.

    Is this smart?
  • 05-24-2008, 05:48 PM
    panther10758
    Re: Can My Landlord Evict Me For No Reason In The Middle Of A 1 Year Lease?
    Your lease mentions late fees I presume? If so failure to pay those fees is a breach of contract. Holding rent after a notice to vacate could cost you more than save you. It also might not be legal check your states laws on this type of action and how and when it applies
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