QUESTION

Could I be evicted because my apartment was searched by police?

Asked on Sep 09th, 2015 on Landlord and Tenant Law - California
More details to this question:
My apartment was searched and I didnโ€™t receive any charges. Now my apartment complex is threading to evict me and I was wondering if they had the authority to do so. Thanks for your help.
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3 ANSWERS

Are you covered by any rent control laws? What does your lease say. Are you a month to month tenant? You have to give us much more information! Why was your unit searched? if the landlord has reason to believe you allowed criminal activity to occur in your unit or on the premises, generally they have the right to give you a three day notice. The landlord does not have to give any reason for not renewing a lease and merely has to give you thirty days written notice [60 days in California if you have lived there at least a year] of non-renewal, just as you can give the same notice to the landlord that you are not going to renew [60 day period does not apply to notice given by tenant to landlord].
Answered on Sep 11th, 2015 at 1:43 AM

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If you didn't break the law or a lease term, then they don't have grounds for eviction.
Answered on Sep 09th, 2015 at 3:16 PM

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Litigation Attorney serving Bakersfield, CA at Dessy & Dessy
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The answer to your question depends on two different factors. First, whether there is any language in the lease that might justify an eviction under the circumstances related to the search, and second, the circumstances related to the search. The above thoughts assume that you have a lease which has not yet ended, but if you are on a month-to-month rental agreement, than the landlord can evict you for any reason so long as it is not a bad reason.
Answered on Sep 09th, 2015 at 12:48 PM

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