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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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