Day before our rent was due landlord brought Notice to Quit ( we never mentioned not paying or leaving) Its based on our complaining and his refusal to fix issues . His solution is kicking us out with reason on Notice : "I can't move all house for you" and" 3rd. tenant doesn't like you". (house with 4 units, we live downstairs - issue : we get seriously horrific casino like strenght smoke coming from heating fans every time heat is on / he advertised this house to us as non smoking /nobody is in a basement , smoke is pushing through unit next door - they have thermostat that control our heat too ) . Obviously we don't want to move out but want him to fix smoking = health hazard issue. (its not always only cigarettes ) . How to go/ respond regarding this notice to quit? thank youI meant heating vents, not fans.
The problem here is that you are a month to month tenant, and as a consequence, either you or the Landlords have the right, with a 30 day written notice, to terminate the relationship. It cuts both ways, so without a written lease, you technically have no legal claim to stay. As to the smoke issue, if it's as significant as you described, why would you want to stay there? Especially in those conditions. Sounds like it might be an inconvenience to move, but maybe a blessing. BTW as a month to month, one doesn't need a reason, you could equally leave and he couldn't force you to stay, as he can ask you to leave for any reason. Would suggest, exploring other options.
Your landlord may terminate the lease at any time on proper notice. So can you. That's a risk of a month to month.
As long as the landlord terminates with proper notice, he doesn't need a reason.
However, it is illegal to terminate a lease for reasons which are forbidden by law. For instance race, creed, religion, gender, or disability are all unlawful reasons to terminate.
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A month-to-month tenancy can be terminated for any reason, with proper notice. As long as your landlord gave you proper notice (likely 30 days), you need to move out. I understand that this may feel like he is kicking you out because you are asking for too many modifications or repairs (smoking issues), but unfortunately, that is a risk you take when you sign a month-to-month lease.
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