Can my employer evict me after FMLA if I need more recovery time?

Full question:

I am an On-Site Manager of a storage facility, I have 3 worker's comp claims, the 1st one was for both my hands of which I will be having surgery within the next 2 months, the 2nd claim is for my knee of which I will be having surgery next week, the third is for stress when they increased my workload. My question is this, if my employer put me on FMLA April 1, 2009, when at the end of 12 weeks I expect to still be in the recovering process of one of my surgeries, can my employer throw me out of my home as they cannot guarantee me my job after the 12 weeks? The owner of the Storage facility hired a management company to take care of things that I cannot. Unfortunately this management company does not have a solid policies & procedures backbone and red flags have been raised enough that even their own WC Insurance carrier representatives have urged me to seek legal counsel and file a 3rd claim for stress. In addition to all of this, my employers were fully aware that I was supposed to start liquid chemotherapy in January 09, they created 'New' Policies and Procedures only for my storage facility in March 09. I've been off of work since. I just want to be able to heal in peace and not want to have to worry about my employer throwing me out of my apartment here.

• Category: Landlord Tenant
• Subcategory: Lease Termination
• Date: 04/07/2025
• State: California

Answer:

Assuming your employer is also your landlord, whether they can evict you depends on your lease or rental agreement. If you have a written lease, it will outline the terms for termination. Without a lease, you may be a month-to-month tenant, which means the landlord can terminate your tenancy with 30 or 60 days' notice. In California, they can give only three days' notice for certain reasons, such as failing to pay rent or violating lease terms.

If you receive a three-day notice for unpaid rent, it must specify the amount due and provide details on how to pay it. If the notice is for another violation, it must describe the issue and may require you to correct it or vacate. If you pay the rent or fix the violation during the notice period, your lease continues. If you do not comply, the landlord may file an unlawful detainer lawsuit to evict you.

Additionally, the Unruh Act and the Fair Employment and Housing Act offer protections for people with disabilities, which may apply to your situation. These laws define a disability broadly and protect individuals from discrimination based on medical conditions.