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.
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.
115 W. Mission St.
Santa Barbara, CA 93101
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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.