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View Diary: Landlord trying to evict family, refuses to provide heat (119 comments)

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  •  Not in California it isn't legal. (10+ / 0-)

    Furthermore, if I were the landlord, I wouldn't even consider filing an eviction notice, having broken the rental contract (my guess) by not providing heating repairs (essential) to the tenants within 2-3 days.

    Furthermore, in CA, you can't evict a tenant for non-payment until the rent is at least 60 days late.

    "Show up. Pay attention. Tell the truth. And don't be attached to the results." -- Angeles Arrien

    by Sybil Liberty on Fri Jan 25, 2013 at 06:52:37 PM PST

    [ Parent ]

    •  Some clarifications (9+ / 0-)

      Furthermore, if I were the landlord, I wouldn't even consider filing an eviction notice, having broken the rental contract (my guess) by not providing heating repairs (essential) to the tenants within 2-3 days.

      - On this, I completely agree.  It would be a violation of most local and state laws to initiate an unlawful detainer (eviction) if the premises were not considered "habitable"

      Furthermore, in CA, you can't evict a tenant for non-payment until the rent is at least 60 days late.

      - This is not correct.  A landlord can begin an unlawful detainer action (eviction) after a Notice to Pay or Quit has expired (generally 3 days) without the tenant either tendering the premises or the rent.  However, a 60 Day Notice to Quit (non-renewal of the lease) is legal if a tenant is month-to-month and has held the premises for greater than one year. This is NOT the case in the majority of rent controlled areas as there is only Just Cause evictions in those areas.

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