Can my employer who is my landlord evict me from the property since I am out on workers comp?

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:

I'm assuming your employer is the landlord for the property you reside in. The answer will depend on whether you have a lease or employment contract containing terms for termination of residence. Without a written lease, a tenant is generally considered a month-to-month, at-will tenant. A landlord can terminate a month-to-month tenancy simply by giving the tenant 30 or 60 days' advance written notice. In California, the landlord can terminate the tenancy by giving the tenant only three days' advance written notice if the tenant has done any of the following:

-Failed to pay the rent.

-Violated any provision of the lease or rental agreement.

-Materially damaged the rental property ("committed waste").

-Substantially interfered with other tenants ("committed a nuisance").

-Used the rental property for an unlawful purpose.

If the landlord gives the tenant a three-day notice because the tenant hasn't paid the rent, the notice must accurately state the amount of rent that is due. In addition, the notice must state:

-The name, address and telephone number of the person to whom the rent must be paid.

-If payment may be made in person, the usual days and hours that the person is available to receive the rent payment. If the
address does not accept personal deliveries, then you can mail the rent to the owner at the name and address stated in the
three-day notice. If you can show proof that you mailed the rent to the stated name and address (for example, a receipt for
certified mail), the law assumes that the rent payment is received by the owner on the date of postmark.

Instead, the notice may state the name, street address and account number of the financial institution where the rent payment may be made (if the institution is within five miles of the unit). If an electronic fund transfer procedure was previously established for paying rent, payment may be made using that procedure. The landlord normally cannot require that the tenant pay the past-due rent in cash.

If the three-day notice is based on one of the other conditions listed above, the notice must either describe the tenant's violation of the lease or rental agreement, or describe the tenant's other improper conduct. The three-day notice must be properly served on the tenant

Depending on the type of violation, the notice may specify (1) that the tenant correct the violation or leave the rental unit, or (2) that the tenant move out. If the violation is something able to be corrected, such as late lpayment of rent, the notice must give the tenant the option to correct the violation. However, the other three conditions listed above cannot be corrected, and the three-day notice can simply order the tenant to leave at the end of the three days.

If the tenant pays the rent that is due or corrects a correctable violation of the lease or rental agreement during the three-day notice period, the lease continues.

If the tenant attempts to pay all the past-due rent demanded after the three-day period expires, the landlord can either file a lawsuit to evict you or accept the rent payment. If the landlord accepts the rent, the landlord waives to evict the tenant based on late payment of rent.

If served a notice for failure to pay rent, the tenant must either pay the full amount of rent that is due or vacate (leave) the rental unit by the end of the third day, unless the tenant has a legal defense for not paying rent (see The "repair and deduct" remedy and "rent withholding remedy").

If the tenant decides to pay the rent that is due, it's best to call the landlord or the landlord's agent immediately to inform of the intent to pay the amount demanded in the notice (if it is correct) and arrange for a time and location to deliver the payment to the landlord or agent. The tenant must pay the rent by the end of the third day, and it is recommended to pay by cashier's check, money order, or cash and get a receipt signed by the landlord or agent that shows the date and the amount of the payment.

The landlord normally cannot require that the tenant pay the past-due rent in cash.
If the tenant stays beyond the three days without paying the rent that is properly due, the tenant will be occupying the rental unit unlawfully. The landlord may evict and recover the unpaid rent (called an "unlawful detainer [eviction] lawsuit"]). A tenant's failure to pay the rent and to leave promptly may also become part of his/her credit history, which could affect the ability to rent from other landlords.

The Unruh Act and the Fair Employment and Housing Act provide greater protection for the disabled and new protection for those with medical conditions. These statutes now define a disability as any limitation of a major life activity, even if not “substantial.” The amended laws also consider disability “without respect to any mitigating measures, unless the mitigating measure itself limits a major life activity.” These laws protect those with physical and mental impairments which are “disabling, potentially disabling, or mistakenly perceived as disabling or potentially disabling.”