I MOVED INTO APARTMENT BUILDING BY PAYING ILLEGAL FEE CONSISTING OF FIRST,LAST MONTHS RENT AS WELL AS SECURITY DEPOSIT IN TRADE OF NOT RUNNING MY CREDIT WHICH HAS A HORRIBLE SCORE. DURING MY STAY MYSELF AND MY WIFE DEALT WITH A MANAGER WHO PREYED ABOUT TENANTS IN AN UNORDERLY FASHION AND DID NOT HELP MY SITUATIONS INCLUDING LEAKS,MOLD/MILDEW,BROKEN WINDOWS,FAULTY/CORRODED PIPING,NO HOT WATER,AND SEVERE BUG INFESTATION. WELL AS TENSIONS GREW WE EXCHANGED HEATED WORDS DUE TO HIS LACK OF INCONSISTABILITY. SO AFTER MAKING UP OUR MINDS OF MOVING,MY WIFECALLED COMPANY AND WAS INSTRUCTED TO EMAIL OUR 30 DAY NOTICE.WE DECIDED THAT WE WILL GIVE NOTICE AND THEY CAN KEEP OUR LAST MONTHS RENT. AFTER DOING SO,A LONG 18 DAYS LATER SHE WAS INTERRUPTED AT WORK BY MULTIPLE HARRASSING EMAILS STATING WE HAVE UNTIL TONIGHT AND THAT WE ARE BEING EVICTED.MY WIFE WAS BEING EMAILED BY SAME EXACT ADDRESS WHICH 30 DAY NOTICE WAS SENT. THEY DENIED RECEIVING IT.
If part of the deposit was labeled as last month's rent, then it can be used for that purpose. However, you may have a fight with the landlord about the notice, since it will be your word against theirs as to whether they invited you to terminate via email, as opposed to giving written notice as per Civil Code Sections 1946-1946.1.
If you can't negotiate a resolution, it can always be resolved in small claims court, at which time you can also seek a retroactive rent reduction and other damages for the substandard conditions, etc.
You have not stated whether you were served with a 3-day pay or quit notice, or any other kind of termination notice. The landlord would normally need to give you some kind of notice before evicting (except if you stay after the expiration of a fixed-term tenancy), and cannot evict you without going through the courts.
(if you do receive a 3-day notice, it is often best to fully pay the $ within the deadline, but to do so under express protest, and reserving your right to seek a refund. That way, you avoid the risk, stress, and expense of defending yourself from an unlawful detainer lawsuit.)
If you need more specific advice, you should consult a local landlord-tenant attorney. Many offer a free initial consultation.
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