We received a 60 day notice from the owners new management company. They fired the prior manager for not doing his job i assume. But anyway the prior manager did nothing we asked of him. Prior to moving in he promised to fix several things wrong but always gave us the run around. Then slowly but surly the roach problem came and has gotten so bad we can stand it.. When the new company took over and did an walk through they decided the place was inhabitable and gave us a 60 day notice to fix the issues....
First of all, I assume you are a month to month tenant and not on an unexpired fixed term lease (since 60 day notice cannot be used to terminate a fixed term lease). Generally speaking, a landlord can serve a 60 day notice to terminate a month to month tenancy. In areas where there is no local rent control, the landlord does not need to provide any reason for the termination. There are no legal reasons to compel a landlord to extend the 60 day period, but you can try negotiating with the landlord for additional time.
Frank W. Chen has been licensed to practice law in California since 1988. This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation.
I am having difficulty understanding why you would want to remain in the premises if the roach problem is so bad you cannot stand it.
Having said that, under Civil Code section 1942.5, if, in good faith, you made a complaint to the landlord about the habitability/tenantability of your residence, the landlord may not recover possession in any action or proceeding, cause you to give up possession, or decrease any services within 180 days of such notice. Provided you are current on rent and the landlord had notice (from your comment, they evidently did), the 60 day notice violates the statute if the 60th day is within the 180 period which began when you gave them notice of the Roach problem to your landlord.
Violation of the statute provides for actual damages, punitive damages of up to $2000 for each violation and attorney's fees if the landlord attempts a retaliatory eviction, attorney's fees may be available. I recommend you contact a real estate attorney who represents tenants.
My replies to Avvo questions is not and should not be considered specific legal advice. No attorney-client relationship is formed with you upon my answering of your question. You should seek legal advice pertaining to your specific factual situation and the laws applicable to your jurisdiction. Robert C. Abrams, Esq. [email protected]
Why do you even want to stay that long if it's so uninhabitable?
This response does not create any attorney-client relationship. Only a signed written agreement can do that. This answer is only in relation to the facts presented and may change according to unidentified facts. Always consult with an attorney.
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