60 Day Notice

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sunoverla

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I have a 60 day notice to vacate, but I have done nothing wrong. My son and I live in Los Angeles, in a non rent controlled city. We have been here 3 years BUT my name is not on the lease. I pay by check on time. His father is the lease holder and agreed to sign for me because I have a prior eviction from 4 years ago when he abandoned me and my son. My son is disabled and I am a single parent which makes moving difficult at this time. Last year the manager went around passing out letters stating that all persons residing in the units need to be listed on the lease. They asked me to fill out an application, and pay a $25.00 credit check fee which I said I had already done 2 years prior. So I did it again... and then I asked if I would be put on the lease, but I was told no because of the eviction. Nothing else was mentioned about it again, as I assume the manager just tucked it away in her files.

Last week my new car got keyed and when I told the manager she said there was nothing she could do. It's parked in what's supposed to be a secure underground garage for the tenants. Two years ago pigeons lived under my bathtub from an open crawl space on the 2nd floor. It took months for the landlord to remove them, and only when I called the health department from the rancid smell did he actually have them removed. Roaches are a problem, but because I am so clean I seem to have them under control. I always ask to be on the exterminators list when he comes out to treat the units twice a month.

Fast forward to today. I see the landlord on the premises, which is rare, so I approached him and nicely mentioned that my car had been keyed 5 days ago and I asked if he had cameras rolling that would have filmed whoever had done this. He asked if I knew who it was, I said no. He said the cameras are only survelance no film. He then asked me if I was on the lease. I said no but I've been here 3 years... THEN he said he was going to issue me a 60 Day Notice!

My question is... (thank you for reading this far) is if they had already had my application and credit check last year and didn't issue me a notice to vacate once they saw the eviction on my report, then can I file a retaliation suit against the landlord?
 
sunoverla said:
I have a 60 day notice to vacate, but I have done nothing wrong. My son and I live in Los Angeles, in a non rent controlled city. We have been here 3 years BUT my name is not on the lease. I pay by check on time. His father is the lease holder and agreed to sign for me because I have a prior eviction from 4 years ago when he abandoned me and my son. My son is disabled and I am a single parent which makes moving difficult at this time. Last year the manager went around passing out letters stating that all persons residing in the units need to be listed on the lease. They asked me to fill out an application, and pay a $25.00 credit check fee which I said I had already done 2 years prior. So I did it again... and then I asked if I would be put on the lease, but I was told no because of the eviction. Nothing else was mentioned about it again, as I assume the manager just tucked it away in her files.

Last week my new car got keyed and when I told the manager she said there was nothing she could do. It's parked in what's supposed to be a secure underground garage for the tenants. Two years ago pigeons lived under my bathtub from an open crawl space on the 2nd floor. It took months for the landlord to remove them, and only when I called the health department from the rancid smell did he actually have them removed. Roaches are a problem, but because I am so clean I seem to have them under control. I always ask to be on the exterminators list when he comes out to treat the units twice a month.

Fast forward to today. I see the landlord on the premises, which is rare, so I approached him and nicely mentioned that my car had been keyed 5 days ago and I asked if he had cameras rolling that would have filmed whoever had done this. He asked if I knew who it was, I said no. He said the cameras are only survelance no film. He then asked me if I was on the lease. I said no but I've been here 3 years... THEN he said he was going to issue me a 60 Day Notice!

My question is... (thank you for reading this far) is if they had already had my application and credit check last year and didn't issue me a notice to vacate once they saw the eviction on my report, then can I file a retaliation suit against the landlord?

Sure, you can file a lawsuit, but you probably won't prevail.

You have no basis to sue the landlord.

You aren't on the lease.

Technically and legally, you shouldn't be in the unit.

But, the good news for you is, a 60 day letter can't evict you.

A landlord can't evict you.

You are being ASKED to leave.

If you CHOOSE not to leave, your landlord has to evict you.

That can take several weeks beyond the 60 days requested.

More good news, you don't have to be named on the lease to be a leaseholder.

The law allows no oral agreements for property.

By operation of law, you're constructively on the lease, although not specifically named.

So, you possess certain rights that you need to enforce.

Because you've indicated you had a prior eviction, you probably want to stay in this unit.

This is how you do that.

First of all, do not vacate your unit (unless and until a judge orders you to do so)!!!

Tomorrow, find a legal assistance office near you, or a legal clinic at a law school.

Take your problem and information to them, and ask them to help you avoid an eviction.

You have paid your rent on time, you are a good tenant, and you have a son that has special needs.

Do not give up when told NO, by one clinic.

Keep looking, until a legal aid office or law school legal clinic agrees to help you.

If, after a diligent search, get back to me and I'll try to help you.

You have tights, remedies, and defenses; so do not leave until you've asserted them.

Based on what you've told me, no judge is going to evict you.

Finally, stay the heck away from the property owner and the apartment management for the time being.

The apartment has no responsibility for the keying of your car.

You need to back off.

You're making trouble for yourself.

Make a claim with your insurance company for damage to your car.

The complex has no liability for that damage.




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Thank you. I have consulted by phone with several agencies ; Legal Aid and Housing Rights Authority. I'll continue my search tomorrow, but the agencies won't make an appointment for consultation unless I have a Summons and Complaint. I've been instructed to write a letter to the Landlord requesting "reasonable accomidation" to allow me to stay as it would be a great hardship on my son with special needs if we were to move at this time. If the Landlord insists on evicting me then I can use this as my defense but I would need to have an attorney experienced in Unlawful Detainer.

Because I am a month to month tenant, not listed on the lease, but infact listed on
the 60 Day Notice below my son's Father's name...would the Father need to appear in court? Also, just as a side note here...the 72 unit building has numerous people living with eachother and presumably not on the lease...as it would be unusual to rent a 2 bedroom apartment to 14 people. I mention this only because as a good on time paying tenant, I am being singled out for eviction, the only parent with an disabled child in the building. This is why it is imparitive I pursue this case. I most certainly will be looking to secure another apartment, but I am hoping the judge will allow me to stay a bit longer as it will be difficult finding a place with a past eviction.
Thanks again for your help.
 
Last edited:
Thank you. I have consulted by phone with several agencies ; Legal Aid and Housing Rights Authority. I'll continue my search tomorrow, but the agencies won't make an appointment for consultation unless I have a Summons and Complaint. I've been instructed to write a letter to the Landlord requesting "reasonable accomidation" to allow me to stay as it would be a great hardship on my son with special needs if we were to move at this time. If the Landlord insists on evicting me then I can use this as my defense but I would need to have an attorney experienced in Unlawful Detainer.

Because I am a month to month tenant, not listed on the lease, but infact listed on
the 60 Day Notice below my son's Father's name...would the Father need to appear in court? Also, just as a side note here...the 72 unit building has numerous people living with eachother and presumably not on the lease...as it would be unusual to rent a 2 bedroom apartment to 14 people. I mention this only because as a good on time paying tenant, I am being singled out for eviction, the only parent with an disabled child in the building. This is why it is imparitive I pursue this case. I most certainly will be looking to secure another apartment, but I am hoping the judge will allow me to stay a bit longer as it will be difficult finding a place with a past eviction.
Thanks again for your help.


Good for you.
This is how you protect your rights and get things done.
Do not allow the landlord to bamboozle you.
But, IGNORE what others are doing.
That defense rarely works.
You were given sound advice by legal aid.
You should follow it "word for word".

The letter you were given is nothing more than a letter asking you to leave.
You can ignore it, or write the letter legal aid told you about.
Either way, nothing will happen unless and until you get served by the sheriff.
That is when the landlord has officially filed suit against you.

Then you must aggressively defend your rights.
Yes, the person named on the lease should appear.
Or, you could claim that a lease has been "constructively" created by operation of law.
That is, because the landlord has allowed you to stay and accepted your money in exchange for your tenancy.

I doubt if it will come to that, if you look for another place.
By the time the landlord tries to evict you in court, you'll be long gone in another apartment.
Even if he does, a court date is 8-10 weeks (or more) away!
 
You do not have to do anything wrong to be asked to vacate. Long as you do not have a long term lease either party may end relationship with proper notice. In CA proper notice for a tenant who has lived in a dwelling over one year is 60 days! This was a legal notice to vacate and not leaving within that 60 days willlikely force an eviction. your second and making moving anywhere virtually impossible
 
I hear you, but I'm trying to get more time...moving is expensive and not everyone can pack up and move into a new place that quickly with a child that requires special needs. And since I'm not listed on the "lease" then my credit will not reflect an eviction.
 
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