I just received my 30 day notice to quit the premises due to annoying neighbors that teamed up against us to get us evicted. Well it worked and so now i need to find a new apartment asap. My question is will this eviction go on my record due to noise complaints, and since i was paying month to month do i need to pay? Also is it better for my case to just move out or should i try those people that say that they can delay an eviction.
Landlord / Tenant Lawyer
You actually haven’t been evicted yet. Your landlord has served you with the required notice to terminate the month-to-month tenancy. An eviction is the result of a court process, know as unlawful detainer, used by a landlord to regain possession from a tenant who refuses to surrender the property. At this point, if you move out prior to the 30 days, then you are fine.
Here are some definitions… http://www.sandiegoevictioncenter.com/sandiegoevictioncenter/Eviction_Legal_Terms.html
and it is important to review information about your security deposit now. You can find information here... http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml
I hope this helps.
Scott Rights, Esq.
As attorney Rights indicated, you are evicted when the court says you are, not the landlord.
If you fail to pay your rent on schedule, in full, you give the LL legal reason to go to the court to evict you. THe issues about noise complaints, unless they are very frequent, documentd by police reports are unlikely to be grounds for eviction.
(1) you curb whatever your doing that gives offense to the neighbors--you do not have a right to be disruptive.
(2) pay your rent on time
(3) let LL know you've 'turned it down' a couple notches
(4) wait and see if LL is just blowing smoke, or really does move to evict through the courts.
READ THIS BEFORE CALLING OR EMAILING ME: I am licensed in the Commonwealth of Virginia, addressing your issue does not create an attorney-client relationship and I AM NOT providing you legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.
An eviction does not "go on your record" unless you are sued in an unlawful detainer lawsuit, and lose. Therefore, if you move out before an unlawful detainer lawsuit is filed, or if you win the unlawful detainer lawsuit, your record stays clear.
You still need to pay rent for the time that you are living there. Therefore, even if you are served with a 30 day notice of termination, you still have to pay the rent or else you could receive in addition, a 3-day notice to pay or quit, and then be evicted based upon the 3-day notice.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.