Can our landlordkick us out because my dad is dying from cancer and they don’t want myhim to die in their house?

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Can our landlordkick us out because my dad is dying from cancer and they don’t want myhim to die in their house?

Asked on January 23, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A landlord may only evict you:

1) for nonpayment of rent;

2) for violation or breach of some material (important) term of the lease--and that first providing after notice to stop the violation, and an opportunity to do so;

3) for certain very bad behavior, like deliberately breaking the landlord's property;

4) at the end of the lease term--the landlord could refuse to renew the lease; or

5) if there  is no written lease, the landlord could give you 30 days notice terminating the tenancy, then evict you if you stay past that.

#5 is probably the biggest risk, if you don't have a written lease; the landlord may terminate your tenancy then on proper notice, for any reason.

Apart from the above, the landlord can't evict you simply because he wants to; he is free to offer you money to move, if the thought of your father dying in the house sufficiently unnerves him, but it would be up to you whether to accept the offer or not.


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