Registered: 1431401351 Posts: 2
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Last month we got serve with a 60 day notice due to my parents divorce. My parents were managing this property for over 20 years, once my father left the house the owner came about a week later giving us two notices. One notice was informing us that immediately we are no longer managers in which we had to surrender any keys, rents, and documents to the owner and 2) We have 60 days to vacate the premises. We asked the owner for the reason of the eviction in which he said that he received a email from a tenant indicating that my father never did any repairs and two due to my parents divorce he is evicting us, they do not want to get involve in any problems, and they want to start off fresh with new people. The contract is signed only by my father but the owners included my mom in the management position as well. According to my mom she feels that she is been discriminated due to her marital status. She hired an attorney explaining that it is not justifiable for her to be evicted due to her divorce and as well not been reimburse for attorney cost and rental cost for tenants that were evicted in the past. She is fighting for 6 months of free rent and as well compensation of $1,000 each month she was manager for that property for 20 years. Does she has the reason to do this or is she is just wasting her money as I am suspecting.
I am located in Inglewood, California. This property is a month to month agreement only.
Registered: 1408663913 Posts: 156
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From the information you've provided, she's wasting her money and should focus on finding a new place instead of this lawsuit. The 60 day notice is NOT an eviction and won't affect you negatively unless you stay past the 60 day deadline, after which an eviction will most likely be filed. The owner has every right to want to start fresh with new people, especially since you guys are month-to-month tenants. No lease is being broken.
Discrimination is hard to prove in court, and most judges will look at it as the owner's right not to get involved in what he believes could be a disruptive divorce that may contribute negatively to the atmosphere of the building. Discrimination due to marital status is mostly used when a person is denied employment or some kind of financial earning due to their status. It can happen in the world of real estate and property management, but this situation will be incredibly tough to prove it, Tell your mom to focus more on finding a place than fighting a losing battle. Even if a judge finds in her favor, she will NOT get 6 months of free rent or the money she's asking. Most judges will simply throw out the case, leaving the owner to send out another 60 day notice with a legally acceptable reason for why the tenancy must end. She would still be on her way out, but now with less time and money to find a place. But this is just my opinion...
Registered: 1426614418 Posts: 40
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you mentioned the contract was signed only by your father, unfortunately there legally was no relationship between your mother and the owners..that right there is the first indication that she's trying to put out a roaring fire with a cup of water..i would recommend to stop wasting time, and find yourselves a place to live before any legal notices start coming your way..
__________________ Mr. Sanchez http://www.fastevictionservice.com