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Can my landlord ask me to evacuate within 60 days?

Oakland, CA |
Filed under: Landlord-tenant law

I have been living in these apartments for over 4 years and today I just received the notice saying I will have to move within 60 days but I am given no reason for the evacuation. I also want to know if I will have to pay rent throughout those sixty days and is it right/legal that my landlord is still asking for rent for the next two months even if we are being forced to evacuate. Thank you.

Attorney Answers 2


  1. Under California law, if you have a month-to-month tenancy and have lived in the unit for over a year the landlord can decide not to renew your lease, but he has to give you a 60-day notice. You are still responsible for paying rent during this time. The good news for you is that the city of Oakland requires "good cause" before a landlord can evict his/her tenants. You should speak to a local landlord/tenant attorney to see if your unit is covered by the Just Cause for Eviction Ordinance and whether you have any remedies against your landlord.

    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 a local attorney.


  2. Generally speaking, yes. A landlord can serve a month-to-month tenant with a 60 day notice to terminate the tenancy. Normally, the notice does not need to provide any reason. However, if the rental dwelling is subject to rent control, then the landlord might need to provide "just cause" for the eviction.

    Regardless, the tenant is still legally responsible to pay the rent for the entire 60 day period. If the tenant desires to move out earlier than the 60 days, the tenant could serve the landlord with a 30 day notice of termination, thereby reducing the obligation to pay rent to 30 days instead of 60 days.

    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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