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  1. #1

    Default 60 Day Notice to Terminate Tenancy

    My question involves an eviction in the state of: California

    So me and my roomate received a notice that the University is terminating our tenancy in 60 days which is at the end of our 1 year lease. I have lived here for 8 years and am a student she for 30 years and not a student. The rent fell behind a year ago and I paid it all back out of my financial aid, my roommate has mental health issues which jeopardized my safety and University aware of it, But due to danger of her has apparently decided to try and remove both of us. She has since gone into a facility and I was supposed to take over the lease. I am disabled wheelchair user and this would create a huge hardship hardship. I also have complained to them about lack of maintenance issue over the years. The 60 day notice has no reason on it, the lease has not yet expired, doesnt expire until Dec 31st, was put under our door, not mailed etc. I have requested a meeting with them to take over the lease since I am a student and was priorly told i could since I am in good standing. I will fight this if i have to because i am severely disabled. This is a rent controlled building. I have no problems, warnings anything and no lease violations. Can they do this?

  2. #2
    Join Date
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    Default Re: 60 Day Notice to Terminate Tenancy

    When you followed up about taking over the lease without your roommate, what were you told? That's still your plan, right?

  3. #3

    Default Re: 60 Day Notice to Terminate Tenancy

    I was told since I was a student in good standing that yes i could take it over, and was told this by numerous people and YES is still my plan. I have a meeting with them in about 2 minutes will tell you exactly what was said.

  4. #4
    Join Date
    Jul 2012
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    479

    Default Re: 60 Day Notice to Terminate Tenancy

    The 8-year occupancy in university housing topic aside (most curious) ...

    If you're in a rent-controlled city, you're free to expect an explanation for why they don't want to renew the lease. I don't know that your city regulations require "good cause" however even in a rent-controlled place to decide not to renew the lease.

    "She has since gone into a facility and I was supposed to take over the lease."

    You've said you've lived there for 8 years, so I'm not sure what you mean by "take over the lease" unless you mean by this renew alone.

    "I also have complained to them about lack of maintenance issue over the years."

    Not terribly relevant (clearly it didn't involve issues so serious that you'd petition local landlord-tenant court about them ... or decide to move).

    Even if the lease doesn't itself say that either party needs to give the other X notice of termination, the university is following CA law with regard to the amount of termination notice required for someone who's lived somewhere for a year or more. It not being mailed as far as you know isn't a terribly material issue (university may just claim a copy was mailed, and you've no way to prove it wasn't; besides, you've got actual notice).

    "Can they do this? "

    They ARE doing it. Whether you have a viable argument to "fight" it, we cannot know. I'd discuss with local city/county tenant resources (info to be found at back of California's booklet on topic of landlord-tenant matters, I believe).

  5. #5

    Default Re: 60 Day Notice to Terminate Tenancy

    Quote Quoting Foster_Foster
    View Post
    The 8-year occupancy in university housing topic aside (most curious) ...

    If you're in a rent-controlled city, you're free to expect an explanation for why they don't want to renew the lease. I don't know that your city regulations require "good cause" however even in a rent-controlled place to decide not to renew the lease.

    "She has since gone into a facility and I was supposed to take over the lease."

    You've said you've lived there for 8 years, so I'm not sure what you mean by "take over the lease" unless you mean by this renew alone.

    "I also have complained to them about lack of maintenance issue over the years."

    Not terribly relevant (clearly it didn't involve issues so serious that you'd petition local landlord-tenant court about them ... or decide to move).

    Even if the lease doesn't itself say that either party needs to give the other X notice of termination, the university is following CA law with regard to the amount of termination notice required for someone who's lived somewhere for a year or more. It not being mailed as far as you know isn't a terribly material issue (university may just claim a copy was mailed, and you've no way to prove it wasn't; besides, you've got actual notice).

    "Can they do this? "

    They ARE doing it. Whether you have a viable argument to "fight" it, we cannot know. I'd discuss with local city/county tenant resources (info to be found at back of California's booklet on topic of landlord-tenant matters, I believe).
    Actually I did complain to the City and they came out, inspected and listed as a nuisance and ordered them to fix the problems. University called them and said they are government and the State could not force them.

    Anyway, the meeting today went 50/50 still open to discussion and i told them would fight it with everything I have legally, not to mention years of documentation.

  6. #6
    Join Date
    Jul 2012
    Posts
    479

    Default Re: 60 Day Notice to Terminate Tenancy

    "University called them and said they are government and the State could not force them."

    And if the city didn't follow up on this, next step would be to file a petition in the local landlord-tenant court. Regardless of who owns the housing, that doesn't exempt the entity from health/safety issues.

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