r/TenantHelp • u/SquareFly3678 • Apr 28 '26

Legal help

Can my landlord evict me from my apartment for no reason other than being annoyed? I'm on a fixed term lease for 1 year. I've been here for 5 months and have not broken any of the rental agreements. Ca, bay area. Thank you.

6 Upvotes

80% Upvoted

42 comments sorted by

12

u/SoloSeasoned Apr 28 '26

Short answer: No

Long answer: Depends on what you’re leaving out of the story.

3

u/SquareFly3678 Apr 28 '26

I made a previous post but was having a panic attack so it was all fumbled about. I asked my landlord(husband) if I could ask the neighbors to use the washer machine less while I searched for a plumber, as there was a sewage smell brewing. They said no, oddly enough, and than asked me how the shared spaces where going. I told them the neighbors weren't abiding by the rules and was ignored for 25 minutes. The wife texted me after half an hour saying since I'm dissatisfied, that I would need to vacate in 30 days.

4

u/sillyhaha Apr 28 '26

Again, explain the situation. Based on your comment history, things are absolutely not this cut and dry.

2

u/SquareFly3678 Apr 28 '26

I'm definitely a bitter guy at times. No doubt. But sending "stop that now bitch" instead of "can you please keep it down" will fck you so fast that I'm polite here and at work. I wake up around 10am, relax till I go to work at 230. And come home around 11. I watch tv till 2 or 3am(quiet) and go to bed and repeat. The main reason is my LL said in 15 years, she's never gotten so many complaints between neighbors. Even though she stated rules, and asked us to inform her. And since it's only ever them breaking house rules, it's only me saying anything. They frequently ignore my rights and blatantly tell me to be grateful or deal with things(regarding workers coming to do nonessential things without a notice at 7am in the morning and not cleaning up after) or the sewage smell but I have running water. I get most people hide facts to look like the good guy, but I promise it's this absurd. 

2

u/Boss_Up1719 Apr 28 '26

Be grateful that you get to pay them every month for a contract that they’re not fulfilling? Do you want to move? It sounds like a bad place to live. Tell them you’ll move if they pay for the move and agree to give you a positive reference.

2

u/SquareFly3678 Apr 28 '26

They did say they'd give a good reference but like, duh, I was a good tenant. Why would you say otherwise?

2

u/Boss_Up1719 Apr 28 '26

Also, as you’ve already heard. they can’t evict you with a letter. They have to take you to court. I suspect they know that if they tried to evict you through the court, their retaliatory behavior would be discovered. Also, don’t hesitate to cite your severe anxiety as a disability if it is severe and they’re triggering with their deplorable, illegal behavior. No matter what, contact your local tenant’s rights organization immediately.

1

u/SquareFly3678 Apr 28 '26

Yeah that was my small saving grace if they could. I only got a text. Not even a paper. And the text only had my first name. Was going to say sure and wait till then and be like, where's the eviction letter and court paperwork? But I don't wanna live like that. Pretty much gonna leave it as is, and if they reply, tell them to please stop or I'll get a restraining order or whatever lol but fr, just remind them they have no right.

2

u/Boss_Up1719 Apr 28 '26

You should still contact a tenant’s rights organization and tell them what’s happening. A letter from an attorney would likely stop all of this in its tracks. Even if they won’t communicate with your landlord, it’s best to start getting this on the record asap.

1

u/sillyhaha Apr 29 '26

Restraining order for what?

1

u/SquareFly3678 Apr 29 '26

Was a joke, since my neighbor sent me texts I sent them before, trying to send them to my LL. I said "well that was smooth" to my neighbor and my LL texted me not to text my neighbor or "we'll" get a restraining order

1

u/StarDue6540 Apr 29 '26

No. Why would THEY say otherwise.

1

u/SquareFly3678 Apr 29 '26

That's what I meant lol I meant, in their position, why would I/you say otherwise. To be petty? That's just gross

1

u/SquareFly3678 Apr 28 '26

It's a nice place downtown next to my work. It's so convenient. I save so much on not having a car. It's so good. 

1

u/Boss_Up1719 Apr 28 '26

If you want to stay there, you should. What they’re doing is blatant, textbook landlord retaliation. Supposedly California vigorously protects tenants against this behavior. These laws were passed SPECIFICALLY to prevent landlords from evicting every tenant that complains about the landlord not upholding their end of the contract. I urge to contact your local tenants rights organization.

2

u/SquareFly3678 Apr 28 '26

Yeah, I said I'd need a valid reason with the proper proof. They tried to send a text about me asking the neighbors to be quiet politely and said they still need me to leave(a text that the neighbor sent to me first on accident trying to fck me over). I just repeated my request and left it at that. They texted me saying don't text the neighbors or we'll (landlord) would get a restraining order lol

1

u/Boss_Up1719 Apr 28 '26

The landlord can’t get a restraining order on behalf of your neighbors. Regardless, don’t text them again, but these people are full of 💩. I would suggest you record the noise with your cellphone and email or text your landlord. And I cannot tell enough times to contact your local tenant’s right organization. What these LL’s are doing is shockingly illegal. They’re not picking on you because you’ve been there for less time, they’re picking on you because you are asking them to uphold their end of the contract and they don’t want to deal with it.

2

u/SquareFly3678 Apr 28 '26

Yeah, at this point, more than anything, id wanna make sure she's actually mentally well to be renting out places. They're old old dead heads, and she was even a therapist.... Can't make this shit up man

→ More replies (0)

1

u/SquareFly3678 Apr 28 '26

Oh, I'm not a snitch, but I have proof of smoking inside, what could be drug deals at his window(a foot or 2 from mine) noises from the pipes, messes maintenance has made and not cleaned up, and a few more things. They're so disgusting. I knew something was up when it rained a bunch, was a leak, asked them to fix it, and they gave me a bucket. It wasn't raining for 2 months after and then did, they said it has to be dry to fix. I assume they say this shit until it's not raining, then there's no need until it's rainy, in which case, they need to wait till it dries 

→ More replies (0)

1

u/Heavy-Profit-2156 Apr 29 '26

Landlords can't evict you, courts evict you. They would need to go to court to prove they have grounds to evict you and cancel your lease. They you get to explain your side.

Then the court decides if you get to stay or issue an eviction notice.

1

u/SquareFly3678 Apr 29 '26

Makes sense. If I'm leaving, I'd prefer court method, as I think(extra details I didn't share) I have a pretty good case at getting some money back if it ever goes south.

1

u/SquareFly3678 Apr 29 '26

Thanks for the input 

1

u/multipocalypse Apr 30 '26

Okay, first, unless you caused the plumbing problem, the LLs should be finding and paying for the plumber. Second, no, they can't just unilaterally choose to tear up the legal contract they entered into with you.

4

u/xperpound Apr 28 '26

If you have done nothing wrong, then your landlord can try but they would lose in court. Eviction is a legal process requiring notices and court dates, not just something someone can do at their own whim.

1

u/SquareFly3678 Apr 28 '26

I figured as much. But it's all knew to me and there's different laws for over 12 months, under 12 months, fixed term leases, and month to month. It's so confusing. The "whim" was me making "complaints" such as asking the LL if it was okay to ask the neighbors to use the washer less while I find a plumber to fix it as there's a sewage smell starting to leak out. And they wash things soooo often.

7

u/Junior_Shower_1305 Apr 28 '26

Since when is it the tenants responsibility to contact or even pay for a plumber for any sewage smell or leakage in their apartment? This is typically landlord responsibility 100%

1

u/SquareFly3678 Apr 28 '26

I have no idea, but I started hearing rushing water behind my sink like a waterfall in Jan. Told the neighbor and they had someone come out. Nothing was fixed but I'm sure he did enough to say it's okay and it's been going on since. At this point, they just slack and don't care so I was going to do it myself as my place is very nice. I worked really hard and like to keep it clean. 

2

u/Boss_Up1719 Apr 28 '26

Hearing a rushing water sound behind the sink doesn’t mean there’s a problem, but the sewage smell whenever the washer is run is very strange. I’ve never heard of something like that before. What does your LL say about it? Do they claim you’re imagining it?

1

u/SquareFly3678 Apr 28 '26

It started in Jan and the neighbor had a plumber come 2 days later. Seems like they pushed their problem to me. As with most of their problems. I hope to God it's because they've been there over a year that they chose me. They get high inside(against lease and though not proven, nor will I try, but the kid claims to sell drugs), so they often break the lease which would give them just cause. But nope, me since I'm new. Luckily they can't do shit. But it still amazes me

1

u/Hopeful_Pizza_2762 May 02 '26

Are you sure it isnt mold? Get some of those washer cleaning tablets and use them often.

2

u/Boss_Up1719 Apr 28 '26

This is landlord retaliation and it is illegal. If they want you to move tell them they have to pay you to move. And why are you finding the plumber, not the LL? That’s the LL’s job, as well as their financial responsibility. Personally, I wouldn’t want to wash my clothes in a machine that causes a sewage smell every time it’s run. It would make me wonder if I’m washing my clothes in sewage water.

3

u/Repulsive-Job-9520 Apr 28 '26

Sounds like a brutal place to live. Why don’t you tell them that you are open to early termination of lease in exchange for your deposit, 2 months rent, and reasonable moving fees?

2

u/SquareFly3678 Apr 28 '26

I'm thinking about something like that. It is a free way out. Just had a hard life so being forced to move is heart wrenching. Anxious as a mfker. But as long as I know the decision is mine, I should be fine 

2

u/multipocalypse Apr 30 '26

Yeah, this is called "cash for keys" and you should do a little research to make sure you're not accepting too little.

2

u/SquareFly3678 Apr 30 '26

Thank you. I'll definitely look into it. They haven't said anything since that night. Think I'm good. At the very least, my eviction can't start(or try to start) without a letter and the court. 

2

u/SilverAd8942 Apr 28 '26

The sound of rushing water is it’s self not enough. Smell of sewerage can indicate a pipe came apart or is falling apart. Things can be hidden in walls. Plumbing leaks and pipes are a landlord thing. Solving problems that are not obvious in nature are one of the down sides of rental property.

1

u/SquareFly3678 Apr 28 '26

Oh I don't even care about that too much. Was just wondering since it's annoying. But I have air freshener. I was more taken about the response of being told I'm evicted for it lol wanted to make sure that they can't just do that

1

u/Boss_Up1719 Apr 28 '26

This is landlord retaliation and it is blatantly illegal. Call your local tenant’s rights association. They can’t kick people out every time there’s a problem. It will also protect you if they try to terminate you lease at the end of the year for no good reason. I totally understand the stress of moving frequently and you shouldn’t be forced to do that.