by Nemesio » Sat May 17, 2014 11:32 pm
I think you went over the top filing a (540 whatever that is)because he was checking on an odor. Believe it or not.....people die, commit suicide, murder suicide etc...... and the LL must check it out. So now LL wants to evict yet still have not said what this disability is.....I can't fathom a LL evicting because a tenant is missing an arm or is paralysed. There must be something else going on. Could this disability be drug addiction, alcoholism, or some sort of mental illness that causes him to act irresponsibly i.e. start fires, expose himself to others etc????? If this is the case, the LL would be right to terminate the lease. Could be that when he entered, he discovered something that was not right and that is why you are angry he entered and why he is evicting.
You need to focus on the real problem and not on technicalities. For instance.....a Landlord see's smoke coming from an apartment and enteres to investigate. He discoveres the smoke was actually coming from another unit and not the one he intitailly entered but while he was there found that there were 3 dogs and 15 cats in a unit where no pets are allowed. Not only that, there is narcotics on the kitchen table.
The LL can evict for breach of lease and that fact will not change because the LL entered without proper notice. In my opinion....a foul odor such as rotting flesh is enough cause to investigate.