Problems with the Landlord
If you feel like the landlord is not treating you fairly, breaking the law or is not responding to requests, there are several agencies that can help. You can often find information about local tenant rights agencies by calling “211.” Tenants should never withhold rent from their landlord without consulting with one of these agencies first. Living with a landlord who is not making necessary repairs is very frustrating. However, not paying rent is more likely to get a person evicted than get the repairs made.
Eviction
There are two types of Evictions:
- Evictions for Cause: Typically landlords will give a “3 Day Notice.” At the end of the three days, if the tenant has not addressed the problem, the landlord can serve an eviction notice. If you have damaged the property, interfered with other tenants or used the apartment for unlawful purposes, the landlord does not have to offer a chance to stop the bad behavior.
- Evictions Without Cause: If the landlord is not required to give a reason, they still have to provide written notice. If everyone living in the unit has been there for more than one year the landlord must give a 60 day notice. If the tenants have been there less than a year then the landlord only has to provide a 30 day notice. If you believe the landlord is trying to evict you illegally you should contact a local tenant’s rights organization.
If you receive an eviction notice you can attempt to fight the eviction or you may want to consider moving out. Having an eviction on your record may have serious consequences for the future. The landlord may be willing to work out an agreement with you where the landlord will agree to give you 30 or 60 days to move out if you agree to leave by the agreed upon deadline. This will allow you some time to find another place to live and avoid going through the eviction process.
Tip: If you receive an eviction notice talk to your landlord and possibly a tenant referral agency right away. Waiting a few days can mean the difference between keeping or losing your housing.