Renter given no reason for notice to vacate

Q I have a friend who has had a month-to-month lease at the same place for a while now, and he recently moved into a different apartment within the same building. He's on a month-to-month lease. He just received a notice to vacate, but no reason was given. If the landlord isn't required to give a reason, how is he supposed to find out if he is being discriminated against?

A A landlord (as well as a tenant) has the right to terminate a month-to-month lease for any reason, including no reason at all, so long as the reason for the termination is not in retaliation for the tenant pursuing legal rights or for discriminatory reasons.

The only way a tenant can prove the notice to terminate is unlawful -- short of a landlord's admission -- is to either stay in the unit, and raise the unlawful motive as an affirmative defense to an eviction action that the landlord brings against the tenant, or to pursue the matter with a private attorney.

Remember, the landlord has the burden of proving that the notice to terminate was not retaliatory if the notice was given within 90 days of the tenant engaging in the protected activity. If the notice to terminate is more than 90 days, then the tenant has the burden of proof on that issue.

Q I moved into a one-bedroom apartment and paid a security deposit and the first and last months' rent. I also paid a pet deposit, all in advance of my moving in.

The lease said "advance rent to be applied to the last month the resident occupies the apartment," a reference to the one-bedroom apartment for which the lease was written.

On Aug. 1, I moved into a two-bedroom apartment. My security and pet deposits were refunded and I had to reissue those for my new apartment in the same amounts as originally paid. No mention was made in the lease regarding my last month's rent.

The landlord responded with an unlawful-detainer action, stating that even though it is not noted in my new lease, advanced rent is for the duration of my tenancy.

I have paid my rent on time each month. I have not had any complaints lodged against me. What are my rights?

A A landlord has the right to bring an eviction action against a tenant if the tenant has failed to timely pay rent or otherwise has breached the lease. If the landlord alleges nonpayment, the tenant has the right to defend against the eviction action by going to court and either successfully arguing that no rent is owed, or, if the tenant loses that argument, by paying the outstanding rent. If the tenant pays this rent, then the tenant has redeemed, and the landlord has no right to evict the tenant for nonpayment of rent at that time.

In your case, you have a pretty strong argument that you paid the rent on time. The lease seemed to indicate that the amounts you paid for the last month's rent was called that in the lease. The security deposit on the first unit was refunded to you, and then you paid a new deposit. It is difficult for the landlord to argue that the phrase "last time the tenant occupies the apartment" applies to the new unit, since you are not occupying the apartment. Possibly, since the last month you occupied the first apartment was really August, your landlord may have an argument that this was the understanding of the parties. However, I think you have a strong argument.

In addition, since the landlord filed an eviction action, you almost have no choice but to go to court and make your argument. Having an eviction action on your record for nonpayment makes it very difficult for you to get a new unit. If you do win, you should ask that the eviction action be expunged from your record, as it appears that the landlord has a poorly written lease, and therefore had no right to bring the action.