Yah - I hope he’s able to find a low cost/no cost lawyer or legal advisor in San Diego to help him out. Either that or he’s able to secure a pimp new pad in the next month.
alice in wonderland,
I thank you for being able to figure this out during all the other people posting which makes it harder. I have done nothing wrong and I am stuck in a bad situation.
HUD says the land lord should have the housing discrimination complaint to the landlord by June 14, 2011. My prayer is that the complaint will be a wake up call and she will settle this situation with me. HUD will be present during our meeting. If a agreement is reach between the landlord and me HUD will put that agreement in writing and if she even slightly violates that agreement HUD will proceed to proscutor her in a Federal Civil Court with a judge and jury.
Or she may feel she has done nothing wrong and go through with the eviction like rolling the dice and everything is in her favor. Who would take such a chance?
Well, I watch a lot of day time TV while home on maternity leave, and I can answer this for you based on viewing The People’s Court.
Dumb people would take such a chance. Dumb, dumb people. Hopefully your landlord will smarten up.
Really, if you’re a good tenant, who pays on time, keeps the place reasonably tidy and doesn’t grow pot in the bath tub, she’d be pretty dumb to try to get rid of you because you’re sick or had an illness. Can your roommate even afford the place on their own? She may wind up needing to start from scratch which I’m sure is a pain in the butt.
Thank you
We are still waiting for the details of the other 12 reasons. Could we have them listed please? No further commentary from the OP is necessary. Just give a list.
Well, he listed 6 up in post 20 and they really are dumb if those are the reason’s she gave.
FWIW, OP indicated that none of the reasons she listed were from the list I posted (which I got from a San Diego/California government website so hopefully it’s at least SORT OF accurate).
By all means my roommate wants me to stay. You know when you click when you have lived together for 6 years. He dose not want to have a new roommate if I go. But he has the opition to take his time find a place then give her his notice to move out.
Having a tenant for 10 years (my roommate) is cash flow coming in. What kind of tenant(s) will the new ones be?
None of those indicate any sort of disability discrimination. So we’re down to six reasons.. OP, what are the remaining six reasons?
It is accurate.
Ugh - well, I wish you good luck. Hopefully the HUD meeting will go in your favour and this can all be resolved without you needing to move.
Spoons I don’t think any of the 13 reasons are discriminatory (i.e. Reason #11 - You’re black!)
I believe the OP (and HUD, apparently) are theorizing that the landlord found out the OP was ill when he was in hospital and she is trumping up reasons to get him out of the rental unit. (Which is against the rules in San Diego where the OP lives).
I believe you do. This is the Straight Dope, and we fight ignorance. We like full facts, and cites. If you are unwilling to provide full facts, we cannot help you. If you will provide full facts, we may be able to help you. But if all you are looking for is “oh, poor baby,” then look elsewhere. We deal in facts and in your case, the law that applies to those facts.
Alice, I haven’t yet seen a list of the reasons. Maybe I am missing something, in which case. please point me to where I need to look. But I remain interested in the 13 reasons.
Well, based on the rest of the OP’s posts, I suspect we probably can’t help him (unless there’s a lawyer here licensed to practice in California that can provide actual legal assistance).
And I have to call bullshit on the ‘oh, poor baby!’ thing too - people post poor-baby posts here all the time and get tons of ‘There, theres’ and ‘HUUUUUUUUUGGGGGGGGSSSSS’ and all sorts of other mooshy smooshy stuff. We’re not in GQ here.
The OP is (probably) getting shafted by his landlord if HUD is willing to act on his behalf - I don’t think he needs to provide all the lurid details of his life to get some general information and some support.
You know what - I’m DYING to know the 13 reasons as well as what the OP was in the hospital for; however, he’s indicated that he doesn’t want to post them.
So, there you go. Maybe he won’t get as good advice as if he did post them; however, wanting to maintain a modicum of privacy online doesn’t strike me as such a bad thing.
I’m not sure how the landlord could ding the renters for going against the contract when…there isn’t one. I’m sure an oral one could be proven, but could it be proven that the oral contract contained codecils such as ‘Thou shalt not keep wood in the yard’? That might be tricky.
I don’t know if HUD is only looking at your affirmative claim or is also looking at your unlawful detainer defense.
In Sacramento County, where I practice law, our unlawful detainer (UD) courthouse has a free HUD UD clinic inside.
If your current HUD office is only looking at your affirmative claim, then you might call your local UD courthouse and ask if they have a free UD clinic. You might also try the Legal Aid Society of San Diego and/or the local law schools for other clinics.
DISCLAIMER: The above is not legal advice nor does it establish an attorney-client relationship with anyone. There is no attorney-client relationship between any reader and this writer or her firm. These comments are not subject to any privilege protections. They are neither privileged nor confidential.
*his 
That’s fair. But this OP seems to be looking for more than hugs. He’s looking for an answer, for which he may expect hugs, but he is not willing to post the full facts. It is his unwillingness to post the full facts that may help all us Dopers to answer his question, that bothers me.
The OP’s private life is his own, and he is free to discuss it with and whom he pleases. But to tell us that he believes he has a case in housing discrimination, and then to refuse to give all all of the landlord’s reasons for eviction (including that), is not right. He is looking for confirmation where he has not allowed us to confirm for ourselves.
OP, did the landlord tell you that you were being evicted because you were disabled? It is a simple question; you can answer it with a Yes or No. Simply answer Yes or No, and we can move forward with the discussion.
Agreed. Having the landlord make an overt statement is an easy discrimination case to build, but your landlord is not compelled to make your case easy for you. 
On the face of it, it does sound like Mickey Mouse excuse shopping and discrimination to have on outcome for you but a different outcome for the other tenant.
I can see one potentially different situation between you and your roommate that might make a legal difference. You stated that your roommate has a 10 year agreement while you are on month-to-month. To me, that says that the landlord is within her rights to not renew your lease. She is bound by California law to give you 60 days notice even on month-to-month because of the duration of your stay (which she has exceeded), but after that she is within her rights to decide she does not wish to renew your lease. However, your roommate has a long-term agreement in place. She would have to go through more extensive processes to break the lease with your roommate, because of the standing agreement.
Now I’m not a lawyer, so this is definitely where a lawyer would be helpful. And I don’t know how the fact that the agreements are oral vs. written affects the situation, though I suspect from my cursory understanding of contract law that they would be treated very similar to a written contract. But I can see a case where the landlord has decided that she wants you gone, but she can terminate your lease at the end of the 60 day notice period required by Calif law by simply not renewing, whereas to break the lease on your roommate would require more extensive hassles.
Maybe she does want you gone because of your medical problems. Maybe she’s hoping that she can boot you on the grounds that she’s not renewing your lease, claim that she intends not to renew your roommate’s lease at the end of his time period next year as well. That would be a viable defense against the unequal treatment part of your case. She might even mean that, or might be hoping that once you are gone and time has passed, she can “decide” that your roommate is an acceptable tenant after all, that he’s resolved whatever issues and made appropriate amends, and extend if he desires. That is supposition on my part, though. But that would be a lot harder to prove on your part.
No, but it does help us evaluate your situation. Of course, we only know what you tell us, so it’s not like you have to tell us the truth - we won’t know better. (I’m not accusing you of lying. I’m merely suggesting that lying to us is one approach to shutting up detractors without revealing anything you wish to protect. But I’m not advocating that position, either.)
The explicitly stated reasons do not have to be overtly discriminatory for discrimination to be at play or to be proven. For instance, the unequal treatment of RADTENN vs his roommate is suspect.
Maybe, but RADTENN didn’t actually ask us to comment on whether this was a discrimination case. The actual original question was with regards to the lack of 60 day notice and if “non-rent paying” was legal justification to give less notice.
Which that OP has been answered by the fact that you actually received *89 days *notice. Unless you confused your dates? Because from April 2 to June 30 is 1 day short of 3 whole months. So part A is apparently answered by saying she gave you notice to move out and stated the reasons in the same notice. Does California law or San Diego law require 2 separate notices, or is it just that there are two explicit requirements: 60 day notice, and a statement of reasons? The second question seems to be moot - you received in excess of 60 day notice, so even if it did give her the right to shorten your notice, she didn’t.
The OP has stated his believed reason - that she does not like him now that she knows he is a disabled veteran - I assume having something to do with the specific disability, though the OP has not stated that.
Yes, but finding new living arrangements can be a challenge, especially with a fixed income, limited means, and a roommate that may or may not be moving with him. Plus, moving is a giant hassle even if the other issues aren’t taken into account.
I believe those reasons apply to breaking a lease agreement, i.e. cutting it off early, rather than to renewing a lease, which a landlord should have the right to decide at every lease renewal period. Of course, there’s a Calif Law about notices that trumps that, which is why 60 days is required rather than just 30, because without that the landlord could say “You know what, consider next month your final month”. That’s not eviction, that’s not offering the lease again. “Sorry, I no longer wish to have tenants.”
Nonsense, just move the thread to MPSIMS. But really, the OP asked a specific question about timeframe and number of notices. The rest of this conversation has been people asking for clarification and other information to make their own judgement about whether discrimination is at play, which really is beyond what the OP was asking.