Can we fight a 60 day notice of termination, if we feel that it is do to retaliation?

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Can we fight a 60 day notice of termination, if we feel that it is do to retaliation?

The rental I’m living in with my 3 boys is owned by my mother-in-law. My husband and I are now going through a divorce, which also involves domestic violence. I told my mother in-law if he didn’t get out, he would go to jail. I convinced her because he did leave the premises, probably because she knew she would be the one to bail him out again. At that time I said we would need at least a few months or so before the kids and I could move out. Basically we would move as soon as we could afford to. Then 15 days later I receive a 60 day notice. Could we fight this as retaliation?

Asked on August 3, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are on a month-to-month lease of have sixty (60) days or less remaining on your presumed written lease, then from what you have written there is nothing improper or retaliatory by the landlord for whatever reason why your landlord wants to terminate your existing lease. You can fight the eviction notice but the chances that you will prevail seems unlikely based upon the facts that you have written about.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are on a month-to-month lease of have sixty (60) days or less remaining on your presumed written lease, then from what you have written there is nothing improper or retaliatory by the landlord for whatever reason why your landlord wants to terminate your existing lease. You can fight the eviction notice but the chances that you will prevail seems unlikely based upon the facts that you have written about.


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