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Home > Law > Real Estate Law   »   municipal vs. state eviction statutes in CA

 
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Old Mar 24, 2007, 07:06 PM
dowdeva
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municipal vs. state eviction statutes in CA

Hello all,

My 80 year old mom has lived in the same apartment in Palm Springs, CA, for 30 years. This apartment is rent controlled. She is a month to monther, and has no lease. The landlord has begun the process of eviction by giving her a 60 day termination notice, with the cause as noted, "Improvements to property."

On the Palm Springs Rent Stabilization board website it very clearly states in municipal code 4.02.075b that there are four reasons allowed for eviction of a rent controlled tenant, of which the above is not one of them (lease or no lease). However, the state law of California allows a landlord to evict a tenant for any reason at all.

My question is: which overrides the other, state or municpal law? And how can I search for the statute in writing, should it be municipal?

Thanks in advance,

dowdeva

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