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Leasing manager is filling an eviction, after I've placed my 30 day notice to move out

Huntington Beach, CA |

I already placed a 30 move out notice to leave my apartment but the leasing manager is filling an eviction . Can they do this?

Attorney Answers 4

  1. Did you pay rent for the last month? If you did, and there is no other basis to serve you with a 3-day notice, then he can not move to evict you. Otherwise, your failure to pay rent is a basis for him to serve you with a 3 day notice to pay or quit.

  2. As Mr. Agarwal pointed out, your landlord or manager may have other grounds for eviction. A 30- or 60-day notice that it had previously given you may have expired, or the lease itself may have run out without renewal.

  3. Yes, the leasing manager can file an unlawful detainer lawsuit against you if there is a legal basis to do so. For example, the eviction could be based upon a 3 day notice to pay rent or quit, or a 3 day notice to perform covenant or quit, or a 3 day notice based upon you creating a nuisance.

    Most likely, you will already have moved out by the time any unlawful detainer case is adjudicated.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

  4. Typically before an eviction can be filed some type of notice has to be given beforehand. I would suggest discussing your case with an attorney who can advise you on what is going on and the time frames involved. Evictions can proceed very quickly if you do not properly act to protect your rights.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship

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