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Can my landlord evicte me because she doesnt like me?

San Jose, CA |

ive lived in my apartment 3 years,i pay my rent on time every time in full, my land lady is the daughter of the apartment owner and we shaire the same back yard, she is constantly on me about EVERYTHING , its to the point where its become personal and its aparent she hates me (we are around the same age) my boy friend said some choice words to her the other day whith out me knowing about it now shes threating me with an evicting. i have appoligied over and over and so did he but she will not hear it she will not talk with us about it she just wants me out can she do this,my boyfriend does not live with me.

Attorney Answers 3


  1. You are responsible for any violations of the lease or house rules by your guests and visitors. If your landlord feels your boyfriend's conduct was in material noncompliance with the lease/house rules, she may pursue eviction. San Jose is a rent-control city so you may want to contact the local housing authority to get more information on your rights as a tenant.


  2. If you are not subject to rent control statutes, a landlord can terminate a month to month tenancy for any reason (not discrimination or retaliation for complaining to govt. agency within 180 days) upon 60-days written notice to vacate. Here, your landlord has not served any written notice. You are under no legally obligation to leave until proper notice is given.

    Marcus W. Morales, Esq.
    Morales Law
    115 W. Mission St.
    Santa Barbara, CA 93101
    (805) 845-5405
    www.marcusmoraleslaw.com

    All content posted on marcusmoraleslaw.com and avvo.com is for educational purposes only and should not be relied on as legal advice. Any information conveyed to marcusmoraleslaw.com, avvo.com or by telephone to the Law Offices of Marcus W. Morales does not create an attorney-client relationship until an attorney-client fee agreement has been entered into and signed by both parties.


  3. I agree with my colleagues. Your post does not indicate whether you have a fixed term lease or whether you are a month to month tenant. Generally speaking, if you are a month to month tenant, even if you pay rent on time, the landlord can end the tenancy by serving you with a written 60 day notice (and the notices normally does not need to provide the reason or reasons).

    If your apartment is subject to local rent control laws, those laws apply in connection with any eviction.

    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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