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I have been at my apartment for 5 years and no complaints or…

I have been at...

I have been at my apartment for 5 years and no complaints or problems. 1 year ago a new tenant moved in below and they have made multiple complaints about me and none have been validated. another complaint yesterday occurred and I was frustrated on phone explaining that it felt harassing at this point and I am a prisoner in my apartment afraid to walk talk and I do not even let my child have sleepover for fear. They called me in today and said because I called 3 weeks ago frustrated about parking email and then more agitated yester day on phne they felt it was escalation and and they said I had to either self leave in 60 days or they would evict me. fear I did not want to be evicted as I never have I signed but now am forced to move and cannot afford this. I never threatened or said anything in that manor and feel should I have not been at least talked to first? People that know me think I should fight this. I feel at this point I should just leave but 60 days may not be enough time financially

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

CA

Lawyer's Assistant: What steps have you taken so far?

I just got called to office today totally blindsided and signed paper to elect to be out in 60 days for fear of getting evicted

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is it

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Customer reply replied 1 month ago
I have not heard back from anybody?
Answered in 17 hours by:
3/22/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,380
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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This appears that this eviction may be unlawful on the grounds that you haven't actually done anything to warrant an eviction pursuant to your rental agreement. Generally, a landlord must follow procedural requirements when issuing an eviction notice. This means a tenant must receive written notice of the eviction before it is effective. In addition, a landlord’s eviction is unlawful generally if they violated the implied warranty of habitability; the implied warranty of quiet enjoyment; if the landlord has locked the tenant out; if the landlord has failed to uphold promises made in the agreement; or if the tenant has cured a problem such as past due rent. Plus, landlords cannot discriminate on the basis of race, gender, age, disability, sexual orientation, or religious affiliation either under the Fair Housing Act. Those last ones probably don't apply as much; however, if they don't have a legitimate basis to have you leave, then you should stay.

The main thing to remember is that there exist various reason why a landlord’s eviction notice may not be effective. Because landlords are people, they are sometimes not thinking their way through the situation and that gives you an opportunity to help them understand their legal position. What I recommend is sending them a letter detailing the reasons why the eviction notice is unlawful. There’s a site that I’ve used in the past where you can find a good template for a letter that puts the landlord on notice that their eviction notice is unlawful (click here). It only costs $10 and it is way cheaper than litigation.

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There is one upside to this situation though. the law generally prohibits landlords from physically removing tenants from the property or forcing tenants off the property by shutting off their lights, water, gas, or changing the locks in the state of California. These are called “self-help” evictions and if a landlord engages in them, the landlord could be liable to the tenant for money damages.

If there is a tenant who has been evicted with proper written notice (e.g. 3-day or 30-day notice), but they do not leave the property, then they are considered a holdover tenant. The landlord of a holdover tenant must go through certain procedures before a tenant can be physically removed from the property. What this means is that the landlord must go to the courts in the county where the property is to get the court’s permission to have the person removed from the property. If they can't prove that you violated the terms of the lease, then they won't have a case.

The process for this can take months and you even have a chance to raise defenses to their eviction as well.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 1 month ago
I didn’t get eviction notice they brought me in to office said sign that you will be out in 60 days or we serve you eviction and still out 60 days and goes on record. I did not break lease or contract rules that I am aware

I see. Did you end up signing it?

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Customer reply replied 1 month ago
I panicked and signed as I was in tears and didn’t want eviction I have never had one but talking to family they said what happens is wrong
Customer reply replied 1 month ago
I didn’t even get a copy

I see. So, if you sign a document under duress, then you can have the agreement invalidated. What this means is that you could stay on the premises beyond 60 days. If they decide to evict you after that, then you can still continue to stay. Then, if they try the unlawful detainer route, then you could defend yourself on the grounds that you signed the agreement under duress and cite the previous circumstances that lead to you signing this. I think it's important that you document everything that has happened and will probably continue to happen.

Also, an option is just leaving this place because they sound terrible on top of it. I would recommend requesting a copy, too. I'm very sorry they're putting you through this.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 1 month ago
I am leaving but feel I should have more than the 60 days but also do not want something on my record as I did nothing wrong and they are taking my place they should ER get my clean record as well! Is it worth it even to pursue legal action or just leave as the big company always wins?!?!
Customer reply replied 1 month ago
Not not ER
Customer reply replied 1 month ago
I appreciate your time thank you I’m just in shock and unsure what to do

I understand. Well, the bright side is that there is no master database for tenants. The only time it would go on your "record" is if you didn't pay the rent and they reported it on your credit report. Otherwise, if you're paying rent, then there is almost no way for a new landlord to even know about your previous rental history. Plus, even if they do evict, that doesn't go on any record.

The only time that it goes on some "record" is if they file an unlawful detainer lawsuit, but the only time it would be negative is if they found against you. Otherwise, it won't be negative. Plus, many landlords don't even bother checking court records when they are looking for new tenants so in the end, I think you'll be A-ok.

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Customer reply replied 1 month ago
But trying to find a new place they ask why you leave and if ever evicted so I just lie?

There's no law against lying why you left and in my experience as a renter, I've never been asked that question. They're only concerned about your criminal history and whether you can pay the rent. Other than that, why you left is irrelevant to most landlords.

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Customer reply replied 1 month ago
Huh ok thank you I guess I’ll just move on and hope I get something in 60 days it still just doesn’t seem right that they do this and will prob do to others. Thank u again

The pleasure is all mine and best of luck! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,380
Experience: Licensed to practice before state and federal court
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