Rental Basics in 92530>Question Details

Leslie, Renter in 92530

"owner move-in" evictions

Asked by Leslie, 92530 Thu Jun 2, 2011

If my landlord is evicting me for his family memeber to move in is that legal ?

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9
We need way more info to give any better advice then what you've already been given. Is this a lease, is it month-to-month, etc? What are the terms of your contract? Also, I'm curious to know the status of the home. I came across a renter that the owner tried to evict because he wanted to move his kid in right before it forecloses. He wanted the "cash-for-keys". Luckily, I got there first.
1 vote Thank Flag Link Sat Aug 11, 2012
Leslie,

Tenant laws vary from state to state. The premises are similar. Here are two websites that should answer all your questions based upon the terms of your contract:

http://portal.hud.gov/hudportal/HUD?src=/states/california/r…


Cindy Vedder, REALTOR
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Linda who: "Habla Espanol".
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DRE: 01169138
1 vote Thank Flag Link Thu Jun 2, 2011
Hi Leslie. A landlord can ask a tenant to move for a number of reasons including moving a family member in. Do you have a lease agreement? The landlord needs to honor the contract you currently have in place. I had a client in the same situation and because housing prices are affordable and interest rates are at an all time low they contacted me to help find them a home to purcahse. We are now in escrow. Their rent payment was $1800 a month and their new house payment will be $750! Sounds like their landlord did them a huge favor! Give me a call if you'd like to explore this option!
Web Reference: http://Www.sherrykhomes.com
0 votes Thank Flag Link Sun Jun 19, 2011
Yes, although they must give you notice and a certain timeframe to move, which depends on what state you live in and how long you've occupied the property.
0 votes Thank Flag Link Fri Jun 3, 2011
Leslie,
I see no mention of a lease or term of lease.
If the lease is over or month to month then ya they can evict you at any time with notice. I know the teneants rights are on the temeculaapartments.org web site
If not, it can be a bit sticky.

Harold Sharpe - Broker
So Cal Homes Realty
(951) 821-8211
harold@socalhomesrealestate.com
http://www.socalhomesrealestate.com
California Department of Real Estate Broker License # 01312992
0 votes Thank Flag Link Thu Jun 2, 2011
A lease is a contract that the landlord cannot break unless you violate some portion of it first. However, if you have a month-to-month lease or your lease is about to expire, the landlord can cancel your month-to-month lease with enough advance notice (usually 60 days) or can simply not renew your lease. If you're concerned that the landlord is violating your lease, it would be best if you consulted with an attorney to look at your legal options.
0 votes Thank Flag Link Thu Jun 2, 2011
9 Legal Reasons Your Landlord Can Evict You
There are nine reasons specified by law that would allow the landlord to start eviction proceedings:
1. Nonpayment of rent:
2. Extensive and continuing physical injury to property;
3. Serious and continuing health hazard;
4. Illegal drug activity and formal police report filed (lease provision must allow for termination);
5. Violation of a lease provision and the lease allows for termination;
6. Forceful entry OR peaceful entry, but forceful stay OR trespass;
7. Holding over after natural expiration of lease term;
8. “Just cause” for terminating tenant of mobile home park (“just cause” is defined for this purpose by MCL 600.5775); OR
9. “Just cause” for terminating tenant of government-subsidized housing.
(Note: “Just cause” is defined by statute. See MCL 125.694a and 600.5714.)

Several of the lawful reasons describe prohibited behavior. One reason includes, “Violation of a lease provision.” This could be any provision agreed to by the parties when the lease was signed. For example, it could be as silly as, “Only red cars may be parked in the driveway.” If the tenant signed the lease, and if the tenant later buys a blue car, he or she cannot park it in the driveway without violating that provision of the lease. If the lease also includes a provision that allows the landlord to terminate the lease, the landlord could seek to evict the tenant on that basis.

Proper notice is very important!

Notice—due process—safeguards and protects individual rights provided by law. If the landlord wishes to remove a tenant from his or her rental property, the landlord must use the eviction process—and it begins with proper notice. Before a court will enter a landlord’s request for an Order of Eviction, the tenant must have been given a proper eviction notice.

The eviction notice may take many forms. It must state that the landlord intends to evict the tenant, within a specified time (either 24 hours or 7 days or 30 days), because of a specified reason or problem—otherwise, court action will be taken.

Courtesy of Ambrose Law
0 votes Thank Flag Link Thu Jun 2, 2011
Leslie,

You should review terms of your lease agreement. In general, if you did not breach any part of the contract and stay current on your rent, then you should be able to stay for the rest of the term. There should be a special provisions for early termination in the contract. Early termination from either party should usually require at least 30 days written notice.

Hope it helps.

David Pham
National Brokers
Connecting people to homes
0 votes Thank Flag Link Thu Jun 2, 2011
For any legal advice needed do consult with an attorney; unclear do you have a lease, and if so when does your lease expire; if your lease is about to, or has ended, the landlord does not have to renew....
0 votes Thank Flag Link Thu Jun 2, 2011
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