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We just got a 30 day notice to move out of our apartment.

Customer Question
We just got a...

We just got a 30 day notice to move out of our apartment.

Lawyer's Assistant: Where is the property located?

Long Beach, Ca

Lawyer's Assistant: Has any paperwork been filed?

We got a 30 day notice. Not sure if was filed.

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

We had a problem with other tenants in the complex feeding feral cats, and that is probably why we are getting evicted.

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
3/13/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 15,629
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.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 6 months ago
Is there anyway we can stay longer than 30 days?
Customer reply replied 6 months ago
My girlfriend is disabled, collects SSDI, any protection for her?
Customer reply replied 6 months ago
We have had problems with other tenants who feed feral cats, and I guess that is why they are evicting us.
Customer reply replied 6 months ago
I am going to try to calm down my girlfriend, I will be back later.
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Customer reply replied 6 months ago
The paper was hand delivered by one of the workers for the Red Peak properties, so not sure if it was filed.
Customer reply replied 6 months ago
I will be back later.
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thanks for your patience. The answer to your question is yes; Under the law a landlord cannot physically lock you out of the apartment if you do not pay rent. The landlord would have to file an unlawful detainer lawsuit to have you physically removed.

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Customer reply replied 6 months ago
We paid rent.
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

This appears that this eviction may be unlawful. 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. If you are paid up on rent, then there is no lawful reason why he could evict.

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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Customer reply replied 6 months ago
Ok, there was cat shit, vomit, and piss all over the courtyard, and the neighbors who feed the diseased feral cats threatened us, and we have it on video.
Customer reply replied 6 months ago
Here is a video:
https://www.youtube.com/watch?v=o6K4T06bUTU&t=4s
Customer reply replied 6 months ago
Does it matter if the lease was a month to month lease?
Customer reply replied 6 months ago
We have not been here a year yet, it started as month to month.
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

No, it doesn't matter the terms of the lease.

Because of all of the cat issues, this appears to be a violation of the implied warranty (promise) of habitability. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is either 1) a cancellation of the lease agreement; 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement.

You may want to consider just writing a drafting a notice to the landlord detailing the problems and that you will exercise one of those options if they do not make the necessary repairs to the property. There’s a site that I’ve used in the past where you can find a good template letter (click here). It only costs $10 and it is way cheaper than litigation.

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Customer reply replied 6 months ago
It seems like the landlord is evicting use because we made an issue of the feral cat problem which was a breach of the implied warranty of habitability.
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

You got it. They can't evict if you owe no rent and if they aren't keeping the place habitable.

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Customer reply replied 6 months ago
They also gave us 3 days notice to remove our security camera outside of our door. Is that legal? They also gave us 3 days notice to remove a picture of one of our other tenants from our window. The picture was of one of our neighbors spraying WD-40 on our window, as we suspected he was the one pouring oil on our front steps.
Customer reply replied 6 months ago
The picture was from the video.
Customer reply replied 6 months ago
Sorry, not one of our other tenants, I mean a tenant in a different apartment.
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

Unless there is a local law or if you agreed not to have these things on your property, then you don't have to remove them.

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