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Can I be evicted?

Los Angeles, CA |

I am currently on a month to month lease in a rent controlled apartment. Can my landlord only evict me if I breach the lease agreement or can he essentially kick me out for whatever reason, as long as he gives the proper notice?

Would it make a difference if I was not under rent control (as my neighbor is not).

Thank you for the help.

Attorney Answers 2

Posted

Yes. If you are a month to month tenant, the landlord can terminate the month to month tenancy by giving you a 30 day notice (or 60 day notice if you have been a tenant for more than 12 months).

The landlord can also terminate the tenancy by serving you with a 3 day notice to pay rent or quit, or a 3 day notice to perform covenant or quit if you are in breach of the lease agreement.

If your rental unit is rent controlled, the landlord must pay you relocation assistance if the tenant is not at fault. See:

http://lahd.lacity.org/lahdinternet/LinkClick.aspx?fileticket=kA34UEkbp60%3D&tabid=264&language=en-US

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 Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Posted

I am confused. I called LAHD and they advised that although the landlord can evict you from a month to month tenancy by giving proper notice, they must still have a proper legal reason as listed in this bulletin. http://lahd.lacity.org/lahdinternet/LinkClick.aspx?fileticket=1d3ZKfS%2FIso%3D&tabid=264&language=en-US Is this incorrect?

Posted

If your dwelling unit is covered by the City of Los Angeles Rent Stabilization Ordinance (RSO), you can ONLY be evicted for specified reasons. The reasons and the type of notice required are set forth at the link below.

http://lahd.lacity.org/lahdinternet/LinkClick.aspx?fileticket=NWhXqs8dugE%3d&tabid=146&language=en-US

If the eviction is not based upon tenant fault, then the landlord is also required to pay relocation assistance.

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