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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 19016
Experience:  B.A.; M.B.A.; J.D.
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My landlord has asked me to vacate for the safety of

Customer Question

my landlord has asked me to vacate for the safety of residents because I had a stalker who got in the building and tried to kick my door in.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: California
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: oh the unit has been kept up pefrectly,\that is n ot the problem. Security threw out the stalker...we provided pictures of him to management and asked he not be allowed on the propoer ty...he returned the next day, in full view of mgmt and did $#3000 damage to my car in the parking garage.
JA: Anything else you want the lawyer to know before I connect you?
Customer: the landlord says that i have suspicious people visit my unit and I have excessive guests. Hence they are threatening me with evicton. There have been no complaints from other residents for over two months (noise complaints caused by stalker who is no longer a problem)
Submitted: 2 months ago.
Category: Landlord-Tenant
Customer: replied 2 months ago.
they actually said in a recent letter that they fear that visiting my unit makes people violent!
They say they a suspicious person was outside the building friday afternoon, and when interrogated as to who he was and why he was there, he said he was coming to my apartment. I had no visitors to my apartment Friday afternoon. They want me to move out by the end of the month which is imposible physically and financially and emotionally.. I am a senior citizen with a live in caregiver. this seems to me to be harassment. My Assistanr has PTSD from the stalker's threats and a previous episode a few years back of being held hostage and beaten. The landlord's "blaming the victim" is devastating to her and making my life more difficult
Customer: replied 2 months ago.
Hi Burl,We have not changed our standpoint and as indicated in previous communication, we asked for you to vacate the premises and deliver up possession of the apartment. For the safety and security of our community, we ask that this be done in a timely manner. Our previous request was to have you vacate by the end of Mar. Understanding you have financial difficulties, we haven't initiated the legal process. Though, the need for you to vacate the premises is still required. We continue to have excessive visitors to the premises under your unit number. The security guard approached a man earlier this week during the graveyard shift because he seemed of concern and this gentleman later visited your unit. Also, my leasing consultant approached a suspicious man this afternoon outside who mentioned he was visiting your apartment.On a side note, the gentleman who vandalized your vehicle in the garage has been seen on many occasions by myself with your guest Ms. Neil in the past. So, this also poses concern that your guests later become violent.Please reply and let me know that you will be vacating the premises in a timely manner. As rent was paid for the month of April, it would be a reasonable request to have you vacate by April 30.
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Customer: replied 2 months ago.
34; this also poses concern that your guests later become violent. "
isnt that absurd.. of course he was seen with my assistant....to placate him when he wasnt drunk or violent we tried to befriend and reasojn with him to stop his behavior....this is understandable in stalking situations as stalkers often use guile or intimidation to interact with victims'
Customer: replied 2 months ago.
They want an answer from me. I cant be out by the end of the month... by the end of next month but the more they harass me and my guests or business associates, the less motivated I am to cooperate with them
Expert:  Phillips Esq. replied 2 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 2 months ago.

I am sorry to read about your difficulties.

Well, the notice that you received to vacate is deficient. The property management cannot tell you to vacate by April 30th since you have already paid April's rent in full. The proper notice would be to tell you to vacate by May 1, the beginning of the next rental period. In any event, you do not to have to vacate at the expiration of the notice. The Landlord cannot force you out. The Landlord must use the Court system to accomplish the eviction. This means that the Landlord must file complaint for unlawful detainer and serve you with the Summons and a copy of the Complaint so that you can respond to it and tell the Court why you should not be evicted. Click here for more information on the eviction process.

As for your stalker, I hope that you have filed a Police Complaint and sought a Restraining Order against him. For more information on Restraining Orders, click here.

Best wishes,

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