Summary
California tenants are protected against unjustified eviction through just cause requirements and retaliation protection. Only landlords can issue valid eviction notices. Tenants without a formal lease but who pay rent and receive receipts still have rights. Contact local tenant rights organizations for support and ensure any eviction notice is legally valid.Full Conversation
Robert
Hi Robert! How can I assist you with your legal issue today?
I am in a month situation in an apartment. They are threatening me with unjustified eviction. What protection do I have.
Hi Robert! In California, tenants have several protections against unjustified eviction:
- Just Cause Eviction Protections: Landlords must have a valid reason, like failure to pay rent or violating the lease terms.
- Notice Requirements: Proper notice must be given before eviction.
- Retaliation Protection: It's illegal for landlords to evict tenants as retaliation for exercising their legal rights.
Could you provide more details about the reason for the eviction notice you received?
I am disabled and require IHSS assistance. I had a caregiver when I moved in and they said that was fine. He moved in so, I got a new one. They are saying because I didn’t use them I need to leave. Mind you they are not the landlords.
Hi Robert! It's important to note that only the landlord can legally evict you, not other tenants. Here are a few things you can consider:
- Review Your Lease: Check if there's any clause regarding caregivers.
- Written Notice: Ensure any eviction notice is from the landlord and follows legal protocol.
- Local Tenant Assistance: Contact local tenant rights organizations for support and advice.
Would you like to be connected to local lawyers who can better assist you with your case?
There is no lease. I pay cash monthly but get a receipt
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Given that you have no formal lease but pay rent and receive receipts, you still have rights under California law. Since the eviction notice isn't from the landlord, it's not valid.
- Ensure any eviction notice is from the landlord.
- Contact local tenant rights organizations for support.
Would you like to be connected to local lawyers who can better assist you with your case?
Yes. If they serve me can I go through an unlawful detainer until can secure housing
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It seems like you have a strong case since the eviction notice isn't from the landlord and you have been paying rent regularly. Would you like to be connected to local lawyers who can better assist you with your case? If so, can you provide me with a bit more information about the issue?
I think I’ve given you everything
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Robert, it looks like you might have a strong case. Can you provide your phone number?
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