I received a 10 Day Notice to Comply or Get Evicted letter from my Apt Manager. In the letter she indicates: "The Resident, for himself and his heirs, agrees as fallows: To keep the premises in a clean and sanitary condition, and to comply with all laws, health and policy requirements with respect to said premises and appurtances. "[sic] "In the event of your failure to do so within the said period, you would be quilty of unlawful detainer and subject to eviction."[sic]
The apartment is in NO way trashed, or in unsanitary conditions. How do I respond to this notice? Do I make her proof what she's claiming?
Are you in compliance with all laws, health and policy requirements? Consider writing to your apt. mgr. and asking for a more concise statement as to the cause for the 10 day notice. Send it certified mail, even if they live in the same complex. Document everything and take pictures.
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I agree with everything the previous answer stated. You might consider a health department inspection of the complex. This may be independent documented proof that you may use later.
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A 10-day notice to comply is useless if it does not specify what action you must do to cure the problem and come into compliance. If the notice has not specified the action required, it is a defective notice and is not a valid basis for an eviction ("unlawful detainer" they call it). From the disclosure in your question, the notice is defective because it fails to specify the action needed to cure the problem. In my opinion, the landlord cannot prevail in an unlawful detainer on the basis of that notice. That might not stop the landlord from trying, however, and even if you win, you don't want your name associated with an eviction case in public court records because it will poison your future tenant screenings. This answer could be different after review of the entire paper trail and course of conduct of your transaction, beyond the scope of what you can or should disclose in this public site. What you say does not have legally protected confidentiality unless you are communicating to a lawyer with whom you are consulting for legal advice.
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