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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?

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Attorney answers 4

Posted

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.

Asker

Posted

Yes, I did pay last month's rent. The issue stemmed from my refusal to sign the Addendum, because it did not include my current roommate, who paid her rent, with money orders addressed to the management company. I just didn't want to be held responsible the entire apartment, when another person was also living in the apartment. Today, I simply asked her, if we could revise the Addendum to include the current roommate, since she failed to add her to the lease this past month. She said we were beyond that point and that she was filing an eviction. The leasing manager made it clear she did not want to add the new roommate to lease, since there were some issues. Nothing illegal occurred on our behalf. The building manager changed the locks & the roommate called the police. Nonetheless, the roommate paid her rent to the property management company and they are now refusing to add her to the lease. I simply want to move, get my deposit, and avoid an eviction on my record. Also, I sent my 30 day notice to move a week ago. Aside from hiring an attorney, what else can I do?

Sandeep Gopal Agarwal

Sandeep Gopal Agarwal

Posted

On the 3-day notice, it should say the basis of the notice. What does it say? Call up your landlord, ask them the basis for the 3-day notice. Tell them that you believe the 3-day notice to be baseless and malicious. If it is not withdrawn, or if they file a Summons and Complaint, you will be forced to hire an attorney and to seek all legal remedies available against them. If that doesn't dissuade them from filing a complaint against you, hire an attorney.

Posted

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.

Posted

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 Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

Posted

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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