Can a landlord give me 60 day notice during the Covid pandemic ?

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I’m on a month to month lease in Orange County, California. The landlord has been extremely difficult to work with. The kitchen had black mold and fungi growing. She had a contractor out for 4 days and said the mold was gone, but I got a second opinion, and the issue persists. Then she served me a 60 day notice to vacate, even though I’ve been paying my rent and it’s the middle of Covid 19. I believe it’s retribution for exercising my legal rights? Is this legal?

Attorney Answer

1
Alfred Freitas ·
During the Covid emergency you may not be evicted unless your occupancy creates a public health or safety issue. Under California law you may be protected from eviction using a 60 Day Notice (a no fault eviction) regardless of the Covid emergency. It would appear that the notice was served in retaliation for complaining about the condition of the premises and that may shield you from an eviction for 6 month period. Not enough facts presented to give a clearer answer. Seek legal assistance from an experienced landlord/tenant attorney to protect your rights.
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