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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 112681
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I received a 7-daY NOTICE OF EVICTION FROM PROPERTY MANAGER

Customer Question

I received a 7-daY NOTICE OF EVICTION FROM PROPERTY MANAGER CLAIMING I HAD "INDIVIDUALS AT MY APARTMENT THAT HAVE ASSAULTED A TENANT". I HAVE A HOMELESS MAN COME IN AND CLEAN MY APARTMENT AS I AM DISABLED. I CANNOT LEAVE THAT SOON. dO I HAQVE TO VACATE IN 7 DAYS?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
No, if you fail to vacate in 7 days, the only way for them to get you out would be to then sue you and you would have time to answer that suit in court and can go to court to fight the eviction. You can force them to prove that anyone who was at your apartment actually assaulted anyone, which they will have to do by presenting witnesses and evidence to the assault.
At this point, you need to try to negotiate with them first. You need to call them and try to explain, demand proof of such assault and offer to stop him from coming onto the property again as long as they allow you to stay. However, if they refuse, you can wait for them to actually sue for eviction and then go to court and file an answer objecting to the suit and making the matter go to court, since that would buy you 14-30 days if you do have to move.
Customer: replied 6 months ago.
I don't understand why they just sent me a form letter to renew my lease. My lease has been up since 09/09/2014 and I assume I have been living on amonth to month basis. I am disabled by emphysema and also care for my 97-year-old mother who lives nearby. I don't understand why I am being treated like a criminal.
Expert:  Law Educator, Esq. replied 6 months ago.

Thank you for your reply.

A tenant is liable for the conduct of their guests on the property, which is why you need to contact the management company and try to negotiate this first. If you have no lease and have not signed to renew one, you are a month to month tenant and can be evicted for no reason with only 30 days notice (60 in California).

If you did have a guest on the property who did commit a crime or violated rules, you could potentially be evicted, but typically the landowner will give you the chance to cure the problem by banning the person from the property in the future.

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