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  • Eviction California

    Oakland, CA. My niece got an eviction notice via e-mail, saying that she is being evicted because she doesn't have the child on the lease. She's been living there for about 3 years. She became pregnant about 5 month ago. The child hasn't been born yet. Can they do this? what legal recourse does she have if any?

    Thank you.

  • #2
    This is not an eviction. An eviction is a court action. This is likely a notice to vacate. depending on the terms of her lease (if any) its likely legal
    http://www.parentnook.com/forum/

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    • #3
      Originally posted by panther10758 View Post
      This is not an eviction. An eviction is a court action. This is likely a notice to vacate. depending on the terms of her lease (if any) its likely legal
      I see. Well talking with my niece more, I do believe it was a notice to vacate. Though, she did say that basically the reason why she was being asked to vacate was because she became pregnant, per landlord. This surely can't be legal, right? If you are not sure about the answer (legalities) please indicate. Though i do want to hear opinions and suggestions.

      Thank you.

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      • #4
        If she is a m2m tenant they do not need a reason
        http://www.parentnook.com/forum/

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        • #5
          Originally posted by panther10758 View Post
          If she is a m2m tenant they do not need a reason
          So, their would be no kind of discrimination here? It was stated by landlord that it was because she became pregnant.. She is a m2m tenant.

          I understand that you say that a landlord can evict with out reason. But when a landlord makes this kind of statement, wouldn't that change things?

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          • #6
            Yes of course she can make that arguement but will it allow her to stay? Were there conditions upon move in that a child would violate? Does she really want to stay knowing they want her out?
            http://www.parentnook.com/forum/

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            • #7
              The notice is in violation of California Government Code Sections 12926(p), 12927(e), 12955(a),(d). See Fair Employment and Housing Act, Government Code Section 12900 and following; federal Fair Housing Act, 42 United States Code Section 3601 and following. For more info, go here: http://www.dca.ca.gov/publications/l...mination.shtml

              If she can't afford a lawyer, tell her to check out Nolo Press - they have a book on California Tenant's Rights that can help her if the landlord actually tries to evict her. Good luck. Also, Oakland has some kind of rent control, although I don't think it includes eviction control. BUT, if the landlord tries to raise the rent due to the child, I think that would also be a violation of the law.
              I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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              • #8
                Originally posted by panther10758 View Post
                Yes of course she can make that arguement but will it allow her to stay? Were there conditions upon move in that a child would violate? Does she really want to stay knowing they want her out?
                No, she does not want to stay, she is just so mad about the situation. She feels discriminated against. Losing the roof over her head because she is pregnant. She said that she is going to read the lease again. But nevertheless, getting a notice to vacate because one is pregnant. That is just wrong!!

                Thank you for your response.

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                • #9
                  Originally posted by Alice Dodd View Post
                  The notice is in violation of California Government Code Sections 12926(p), 12927(e), 12955(a),(d). See Fair Employment and Housing Act, Government Code Section 12900 and following; federal Fair Housing Act, 42 United States Code Section 3601 and following. For more info, go here: http://www.dca.ca.gov/publications/l...mination.shtml

                  If she can't afford a lawyer, tell her to check out Nolo Press - they have a book on California Tenant's Rights that can help her if the landlord actually tries to evict her. Good luck. Also, Oakland has some kind of rent control, although I don't think it includes eviction control. BUT, if the landlord tries to raise the rent due to the child, I think that would also be a violation of the law.
                  Thank you, good info : )

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