Hi all,
I’m looking for legal guidance regarding a 60-day notice to vacate we just received in California (rent-controlled unit).
This situation started about 1–2 weeks ago and escalated quickly.
Facts of what happened:
My brother was walking his dog when a neighbor’s wife almost hit the dog with her vehicle. She called him an “idiot” and told him to watch out. My brother responded with a verbal insult, and both exchanged words. No physical contact occurred and he left the area.
A few days later, my brother was walking his dog again when the neighbor’s husband stopped him and told him to approach. My brother declined and said if the man wanted to speak, he should come to him, as he felt uncomfortable being led away from visible areas.
The husband approached him anyway and demanded an apology for his wife. My brother stated he would apologize if he also received an apology. The husband became upset and a verbal argument occurred.
My brother then began walking away. While doing so, the husband struck my brother in the head. My brother stated he would call the police and attempted to leave, but the husband struck him again in the head.
My brother tied up his dog and a physical altercation occurred. During this incident, the neighbor’s wife was present yelling and instigating. She then called her son, who arrived and joined the altercation. My brother reports he was then attacked by both the husband and son and was struck and kicked while on the ground, and the wife also kicked him.
Multiple neighbors witnessed portions of the incident. A police report was filed.
Police stated they believe there is evidence consistent with self-defense, but because my brother did strike back during the incident, they are classifying it as a mutual fight for reporting purposes.
Current issue:
We have now been served a 60-day notice to vacate shortly after this incident.
Questions:
In a rent-controlled unit in California, can a landlord issue a 60-day notice based on this type of incident?
Does a police report or self-defense determination affect a landlord’s ability to evict?
Does “mutual fight” classification by police impact housing actions even if one party was initially assaulted?
Should we seek a tenant attorney or legal aid immediately, and is there anything we should do before the 60 days expire?
Any guidance is appreciated.
u/FancyGlass4
Hi all,
I’m looking for legal guidance regarding a 60-day notice to vacate we just received in California (rent-controlled unit).
This situation started about 1–2 weeks ago and escalated quickly.
Facts of what happened:
My brother was walking his dog when a neighbor’s wife almost hit the dog with her vehicle. She called him an “idiot” and told him to watch out. My brother responded with a verbal insult, and both exchanged words. No physical contact occurred and he left the area.
A few days later, my brother was walking his dog again when the neighbor’s husband stopped him and told him to approach. My brother declined and said if the man wanted to speak, he should come to him, as he felt uncomfortable being led away from visible areas.
The husband approached him anyway and demanded an apology for his wife. My brother stated he would apologize if he also received an apology. The husband became upset and a verbal argument occurred.
My brother then began walking away. While doing so, the husband struck my brother in the head. My brother stated he would call the police and attempted to leave, but the husband struck him again in the head.
My brother tied up his dog and a physical altercation occurred. During this incident, the neighbor’s wife was present yelling and instigating. She then called her son, who arrived and joined the altercation. My brother reports he was then attacked by both the husband and son and was struck and kicked while on the ground, and the wife also kicked him.
Multiple neighbors witnessed portions of the incident. A police report was filed.
Police stated they believe there is evidence consistent with self-defense, but because my brother did strike back during the incident, they are classifying it as a mutual fight for reporting purposes.
Current issue:
We have now been served a 60-day notice to vacate shortly after this incident.
Questions:
In a rent-controlled unit in California, can a landlord issue a 60-day notice based on this type of incident?
Does a police report or self-defense determination affect a landlord’s ability to evict?
Does “mutual fight” classification by police impact housing actions even if one party was initially assaulted?
Should we seek a tenant attorney or legal aid immediately, and is there anything we should do before the 60 days expire?
Any guidance is appreciated.