eviction based on hearsay (apartment, renters, month-to-month) - San Jose - California (CA) - City-Data Forum

moniandadam · 07-19-2013, 02:51 PM

i live in a no-smoking apartment. the manager gave me a 30 day eviction because he said "someone told him i was smoking weed in another tenants room". I am going to fight the eviction because the hearsay is not true. Will i stand a chance in court? (santa clara county)

bigdumbgod · 07-19-2013, 05:24 PM

Quote:

Originally Posted by moniandadam

i live in a no-smoking apartment. the manager gave me a 30 day eviction because he said "someone told him i was smoking weed in another tenants room". I am going to fight the eviction because the hearsay is not true. Will i stand a chance in court? (santa clara county)

The difficult thing to do would be to lose this case. The manager can't just make **** up in order to evict people.

tilz · 07-19-2013, 05:41 PM

Yep agreed, 'someone' saying something is not 'something' that would hold up in court or the whole country would be in a mess.

Now evidence / video / testaments from 500 people who say and photographed you is a different story lol

marcopolo666 · 07-19-2013, 06:49 PM

Also, saying "30 day eviction" isn't really clear. Are you in the middle of a long-term lease? Or are you in the "30 day notice" stage (you fulfilled your previous lease and are now on month-to-month)? This often happens when you've lived somewhere over a year - many leases automatically turn into month-to-month at that point.

If you are in month-to-month, he doesn't need a reason, he can just give you 30 day notice. You're out of luck.

If you are in a long-term lease, I'd recommend :

* finding and reading your lease

* find the "we help renters for free" people in your city and go talk to them IMMEDIATELY. (I bet the first question they ask is "where's your lease" or "are you on a month-to-month lease".)

moniandadam · 07-20-2013, 12:08 AM

Thankyou Marcopolo666 for your reply..... I am paying month-to-month, and I've lived here for 5 years. My notice says: "Monika, while we were conducting routine hall inspections, my maintenance person and the assistant manager, you were smoking weed. you know this is a non-smoking building." He doesn't even make sense the way he wrote it. In the office when he gave me my notice, he told me, someone told him i was in someone else's room (that lives in the building) smoking weed. I just can't believe that after all this time, and not having any kind of trouble since i moved in, that i can be tossed out on my butt with nowhere to go, for no damn reason! I will for sure take your advise and find an organization that helps out renters. Thanks again

imcurious · 07-20-2013, 12:46 AM

Just go. Why would you want to stay where you're not wanted? Especially if you're on a month-to-month tenancy and can evict you for any reason if he gives 30 days notice? (Not saying that's the case, cuz I don't know what state you're in).

moniandadam · 07-20-2013, 01:16 AM

Stay where I'm not wanted?!! I could care less who wants me around! The issue is Im on a "TIGHT" budget, no money in the bank, no where to go, and i have my two cats to worry about. Im in california, "silicon valley", rent+deposit is CRAZY expensive! But, Thanks for your reply "imcurios".

imcurious · 07-20-2013, 10:06 AM

Read up on tenant laws, re: month-to-month tenancy in the state of California. Freaking out won't help . . . if you really want to stay, read the laws, then talk to him and ask him to reconsider. Otherwise, best to start looking.

moniandadam · 07-20-2013, 11:01 AM

You are soo right!!! Freaking out isn't gonna help! So I've started my search for a place to stay, and I contacted the Law Foundation, they have advocates that will help me. And it's off to another one of my wild adventures!! Thanks again for your feedback. You seem like a really good person

zombocom · 07-20-2013, 11:37 AM

Quote:

Originally Posted by moniandadam

Thankyou Marcopolo666 for your reply..... I am paying month-to-month, and I've lived here for 5 years. My notice says: "Monika, while we were conducting routine hall inspections, my maintenance person and the assistant manager, you were smoking weed. you know this is a non-smoking building." He doesn't even make sense the way he wrote it. In the office when he gave me my notice, he told me, someone told him i was in someone else's room (that lives in the building) smoking weed. I just can't believe that after all this time, and not having any kind of trouble since i moved in, that i can be tossed out on my butt with nowhere to go, for no damn reason! I will for sure take your advise and find an organization that helps out renters. Thanks again

As the other poster said - a month to month is terminable at will by either party. Basically, it's a contract that comes up for renewal every month (which you affirm by paying, and the landlord affirms by accepting payment) - as long as one side gives 30 days notice, the contract will be terminated.