Landlord issued 3 Day Notice to Quit, Due to Breach in Contract for Subletting & Painting the Unit without consent written consent
All stemmed from an incident on 12/2, tree fell down due to a storm, damaged the unit. Unit was sublet at the time, landlord arrives & finds out. Landlord contacts me, threatens to change locks, keep security deposit & prepaid rent that I have paid for up until 12/15, request that I move out in 24 hours.
On 12/4, Landlord issues 3 Day Notice to Quit. Unit is inhabitable & unsafe, the tree is still leaning on the unit & has caused damage to the unit & I still need to move my things out.
How should I proceed? How should I reply to 3 day notice? Am I entitled to Prepaid Rent Refund & Deposit? Sue for improper eviction? What should I do, I have 3 days to reply?
I have no objection to moving out since I did breach the lease agreement, I don't agree with the landlord initially forcing me out within 24 hours & now issuing me a 3 day Notice to Quit & forcing me to move my things from the unit which is inhabitable & unsafe since the fallen tree is still leaning on the unit & I have no idea how stable the unit is since it is very old & I have prepaid the rent up until 12/15 What I can do to get back my prepaid rent & deposit ($2000)? Landlord threatened to keep it since I repainted the unit. I feel like he is giving bogus reasons to keep the deposit There are a few major issues at hand, the big one I want to touch on first, is it ok for the landlord to issue a Notice to Quit, and expects me to move my belongings from a unit that is unsafe? I feel this is un-just for the landlord to expect me to move my things when the unit is unsafe, I would feel more comfortable moving my belongs once the tree is removed & doesn't propose a safety hazard
Real Estate Attorney
First, you do not need to move out in 24 hours. You must vacate the premises 3 days after you are properly served with notice. Breaching the lease by ignoring (presumably) your covenants not to sublet or to paint the property would be grounds for the landlord to serve you with a 3-day notice to quit. If you intend to move out, you do not need to reply to the 3-day notice. However, if you neglect or fail to move out, you will likely be served with a summons and complaint for unlawful detainer. At that point you must respond to the action taken against you.
Once possession is no longer an issue, i.e., you vacate the premises, your landlord has 21 days to return that portion of your security deposit which is remaining after valid, lawful deductions. If your landlord fails to return the deposit and has no legal grounds to retain the deposit, in whole or in part, you may bring a small claims action against him or her for unlawful retention of the security deposit.
I do not believe the tree issue is as relevant as you may think it is, but I will let my colleagues address that if I am incorrect.
You may want to confer with a real estate attorney in your area before making any decisions. There are a lot of minor legal issues here and you should fully understand your rights and liabilities choosing a course of action. Avvo responses are never comprehensive enough to fully brief you on the matter.
To schedule an appointment for an attorney-client privileged consultation, contact me at 530-231-4949. This response is not intended, nor should it be construed as legal advice. Any information provided is for educational purposes only. The exchange of communications through Avvo.com and similar social media does not establish an attorney-client relationship with me or my office. Thank you.