Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 1 month ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
3/13/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,329
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.

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
Is there anyway we can stay longer than 30 days?
Customer reply replied 1 month ago
My girlfriend is disabled, collects SSDI, any protection for her?
Customer reply replied 1 month 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 1 month ago
I am going to try to calm down my girlfriend, I will be back later.
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month 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…

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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 1 month ago
I will be back later.
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month 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.

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
We paid rent.
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month 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.

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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 1 month ago
Here is a video:
https://www.youtube.com/watch?v=o6K4T06bUTU&t=4s
Customer reply replied 1 month ago
Does it matter if the lease was a month to month lease?
Customer reply replied 1 month ago
We have not been here a year yet, it started as month to month.
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month 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.

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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 1 month ago

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

Ask Your Own Real Estate Law Question
Customer reply replied 1 month 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 1 month ago
The picture was from the video.
Customer reply replied 1 month ago
Sorry, not one of our other tenants, I mean a tenant in a different apartment.
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month 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.

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,329
10,329 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Every month my month to month tenants are late on their rent
Every month my month to month tenants are late on their rent can I give them a thirty day notice and evict them … read more
Sean K
Sean K
Attorney/Member
JD
451 satisfied customers
My dad is trying to be evicted because the neighbor keeps
My dad is trying to be evicted because the neighbor keeps calling the police and he keeps being the dog tickets and he wants to know what his rights are … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If my apartment was a total loss from fire damage - an i
if my apartment was a total loss from fire damage - an i automaticlly out of the lease? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,388 satisfied customers
I finally evicted a month-to-month renter and, once he left
I finally evicted a month-to-month renter and, once he left the RV area in my backyard (he put up black tarps along the rental fenceline so I couldn't see the destruction he was doing) I found he chop… read more
Thelawman2
Thelawman2
Doctoral Degree
1,354 satisfied customers
My daughters life was threatened by a neighbor.... apartment
my daughters life was threatened by a neighbor.... apartment complex the building manager now tells my daughter she does not have to talk to my daughter or tell her what is being done about the situat… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,716 satisfied customers
My apartment complex is threatening eviction with out the
My apartment complex is threatening eviction with out the proper legal documents and they are wanting to do it tomorrow...what can we do to stop this? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I was "evicted from a Gov.subsided Apartment called "evicted
I was "evicted from a Gov.subsided Apartment called "evicted for criminal reasons. The. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
How can a real estate firm prepare a residential lease for
How long can a real estate firm prepare a residential lease for in Florida? If I break a residential lease in Florida, how many months are they legally allowed to charge me for breaking the lease? If … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,388 satisfied customers
Can we sue neighbors for emotional damages, defamation of
Can we sue neighbors for emotional damages, defamation of character and Loss of finances because of their loud noise? The downstairs neighbors are always screaming and yelling, cursing at their child,… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,824 satisfied customers
We live in Florida and entered into a rental agreement on
We live in Florida and entered into a rental agreement on June 11 2015-June 12 2016. We fulfilled the lease terms and continue to rent month-to-month with oral agreement with the landlord. In November… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,388 satisfied customers
I cosigned a rental agreement for son. The agreement I
I cosigned a rental agreement for son. The agreement I signed was supposed to be renue the second year. I did not sign it. They lived in that rental property for at least 6 years. Now they are trying … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
After the 12 month lot rental agreement, what is the
After the 12 month lot rental agreement, what is the procedure for being able to move from a mobile home park. I live in a home someone else owns, but I am the name on the lot rental agreement. When I… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
My apartment landlord wants to charge me a $500.00 pet
my apartment landlord wants to charge me a $500.00 pet deposit "again". I paid my deposit 3 years ago but there is no record of it. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,388 satisfied customers
If my landlord doesn't have a signed rental agreement can
If my landlord doesn't have a signed rental agreement can she evict me. She gave me a notice with cause they didn't have any time to cure and none of the things that were are on the notice were true … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,388 satisfied customers
I currently live in apartment that had water damage in
I currently live in apartment that had water damage in August of last year. The repair was not done properly and now 4 months later, the paint is peeling, bleeding and I suspect that there is mold and… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
302 satisfied customers
I am evicting a month-to-month tenant and he has refused to
Hi, I am evicting a month-to-month tenant and he has refused to come out of his trailer to take service from me. I already have sent a certified letter that will come Monday. What do I need to do - ge… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
We have water damage in our apartment and I feel that
We have water damage in our apartment and I feel that management is doing what they supposed to do , or following protocol … read more
Legal Eagle
Legal Eagle
Lawyer
10,329 satisfied customers
I have no rental agreement how fast can I be evicted,
I have no rental agreement how fast can I be evicted … read more
KLAW
KLAW
Juris Doctorate
2,047 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x