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I rent an apartment on a month-by-month basis in California. It is one unit of a 6-plex. My rent is about $500 less than comparable apartments in the area. I just got a 60 day eviction notice. Further investigation reveals that the LL wants to evict me so he can improve the apartment and then charge a higher rent. His plan is to do this to all 6 apartments over time. I'm just lucky enough to be the first.
Exploring my CA tenant's rights I found this:
"A landlord can end a periodic tenancy (for
example, a month-to-month tenancy) by giving
the tenant proper advance written notice. Your
landlord must give you 60 days advance written
notice that the tenancy will end if you and every
other tenant or resident have lived in the rental
unit for a year or more.
...
The landlord usually isn’t required to state
a reason for ending the tenancy in the 30-day
notice".
So it looks like the LL can evict me on an at will basis.
I've been a model tenant for over 10 years and provoked no cause for eviction. I pay my rent on time, keep the noise down, and have caused no damage to the apartment.
Do I have any legal recourse to fight this eviction or does the LL hold all the cards?
You are not being "evicted". You have no lease. Either you or your landlord can terminate your rental with appropriate notice, which it appears you have been given.
Many years ago my sister had the same thing happen, her lease was up for renewal and LL wasn't going to renew because he wanted to redo her kitchen and bath. Sis did not want to move, she had been there several years and liked the building and the neighborhood. She reached a compromise by agreeing to "move out" for a few weeks (leaving her furniture) while the work was done. Maybe your LL would entertain something like this.
To the OP: same thing recently happened to me. Moved out in Nov and they have rehabbed it minimally and now are advertising it for $200 more per month. They probably won't get it though. This couple bought it from my previous, great landlord, saw an opportunity, and we were given 30 days to vacate. Just like that. He and his wife were total jerks. Then they tried to keep my deposit which had been given to the original landlord and I had to take them to court to get it back. They even tried to say I hit their car at the walk through--which I didn't-- and they claimed they were going to counter-sue me for that. Didn't work though. Nipped that in the bud.
Some landlords have no loyalty and no ethics. Greed has no bounds.
You were not evicted. The LL simply chose not to renew your month to month lease term. There was nothing illegal or nefarious about this. He did the correct amount of time notice. You simply start looking for another place ASAP.
You having a $500 less per month rent should of been a clue that eventually things are gonna move against you. That's 6,000 dollars that the LL was not making. That's 36,000 DOLLARS per year he is missing out on from 6 rentals.
Unfortunately it's just a business decision.
...........I've been a model tenant for over 10 years and provoked no cause for eviction. I pay my rent on time, keep the noise down, and have caused no damage to the apartment.
................................
If you have been a model tenant, your landlord can give you a glowing reference, which will make it much easier to find a new place to live.
If your rent is currently $500 under fair market, expect to pay a lot more for your next place. You are very unlikely to find a new pace with rent anywhere close to your current rate.
You could always offer to pay the $500 a month more for rent and see if the landlord would allow you to stay. He might like that, since you are a model tenant. But, seriously, you can't expect the LL to keep giving $6,000 in free rent every year out of the goodness of his heart.
If you have been a problem free tenant, it wouldn't hurt also to offer to meet the landlord in the middle, say $250-300 per month if see if they bite off on it. They may be willing to take a slight haircut on the rent if you are a known problem-free, always-pays-the-rent-on-time tenant who doesn't cause them any problems. If they are improving the apartment, they may also be updating to more energy efficient appliances, so you might recoup a little of that in monthly energy savings. Its worth a try.
I'm assuming the other five apartments are already occupied? Maybe if another tenant can leave quicker, they will instead start on that apartment and give you some more time to search for a new place.
The only thing I can think of is if it's rent controlled. I don't know the laws for rent control. I understand the LL's reasons for evicting you have to be allowed. If you're not rent-controlled, you're SOL.
Is this possibly a blessing in disguise? Are you old enough to get into subsidized housing? 55+ units are available, depending on your income. If you're disabled, you may qualify for subsidized housing, regardless of your age.
Otherwise, I guess it's time to start rental shopping.
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