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Can a landlord threaten to have you out of an apartment in 2 months?

El Cajon, CA |

my son moved in with us about 15 months ago with the landlord agreeing to this. well my son caused some problems with other tenants and the landlord gave us a couple of warnings telling us he had to leave. then i talked to her and she changed her mind. then my husband and son had a fight and one tenant called her about what happened. then she called and told me if my son wasn't out in 2 weeks that we would also be gone in 2 months is this legal> i have lived here for 15 years. she put a 60 day notice on the door then sent one ine the mail. then she had her maintenance man put the 3 day notice on the door and then mailed me one. i hope this is enough information.

Attorney Answers 3


Generally 60 days notice to vacate is the most notice a LL has to give a tenant, even if they have lived in the rental as long as you have. The LL can evict you under these circumstances on the bases that you are disturbing the other tenants, that your son is a nuisance, and/or that she simply no longer wants you as a tenant. Her notice is a little goofy, though. It sounds like she has possible not effected good service. She should have personally served you and "all unknown occupants." With the 6o day notice. The "post and mail" method is for when she can't effect personal service. Then if the 3 day notice was posted on your door afterwards, that would supersede the 60 day. And a 3 day notice would not be appropriate unless you either weren't paying rent, or she can prove compelling reasons to evict you on shortened notice. Are these all the facts? There must be more to this story. Anyway, if you have lived there that long, you might want to negotiate with you LL to evict your son and allow you to stay. Otherwise, consult a lawyer.

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Generally speaking, yes, a landlord can have you evicted within 2 months.

Without seeing the actual 60 day notice and 3 day notice, it is hard to say whether they are valid.

Most likely, if your landlord is trying to represent herself in an unlawful detainer and if you were represented by an attorney, the chances are high that you would win because of all of the strict procedural requirements for an unlawful detainer.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.

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Sounds like your son is an adult? It sounds like the LL has good reason to want your son out. 60 days notice is good notice, unless there is retaliation. The three-day notice could be to evict based on nuisance. Since your son would be the nuisance, you could cure the nuisance by having him move out. Is it possible to work something out with the landlord? Does your son have substance abuse issues?
You dont want to lose a home of 15 years over your son, so try to resolve it with lanldord before you wind up in court.

Responses to Avvo questions are based on a general discussion of the law and in no way constitute legal advice. No attorney-client relationship is created, and you should not take or fail to take actions based on my answers. Consult an attorney in your area. Time is often of the essence. Act quickly!

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