Can we be evicted so LL can comply with the code enforc. order even if she hasn't given us 60 days notice and is retaliating?

Asked over 2 years ago - Petaluma, CA

My hubby and I have lived on ranch divided into 7 units for 9 yrs.

In Jan. LL gave us 5min notice by email that a 40ft dumpster was arriving in our yard. The LL had authorized workers (other tenants) to come anytime, day or night to do work in our yard with no notice. For 5mths workers stole, arrived at all hrs, brought guests in our yard, etc. After repeated requests for help from the LL & conversation with the workers failed, we sent a letter out to the persons involved outlining our yard rules. Our LL asked us to leave with a 49 day notice.

Also in Jan, we complained about serious habitability issues. Code enforcement came out, deemed it unsafe & ordered to demolish or return to original use (barn). No Cert. of Occup, no build permits for our unit. Unincorporated Sonoma County

Attorney answers (1)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    Answered . If Code Enforcement "red tagged" the rental dwelling, then the usual 30 or 60 day notice is not required.

    If the rental property did not have a permit, then the landlord is not entitled to collect rent. and cannot get a money judgment for the allegedly unpaid rent. The California Court of Appeal case which ruled on this issue is Espinoza v. Calva (2008) 169 Cal.App.4th 1393.

    In a "red tag" situation, many cities and counties in California have local ordinances that require relocation assistance for displaced tenants at the expense of the landlord.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more

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