Noise Complaint and Late Rent

[apg707]

My question involves an eviction in the state of: California

My rm and I moved in to an apartment in April and have been on time for rent until this month. On 6/5 we had some people over (4) and may have been pretty loud. On the 6th, I came home and found a Three Day Notice To Quit For Breach Of Covenant(s) letter attached to our door. It said move out in three days because of the late rent and a noise complaint we received for the previous night (citing Right to Quiet Enjoyment).

When I looked at the letter, I misread it and believed it to be a 3 Day Do or Quit type thing. I called my roommate and asked why rent wasn’t paid she said she thought I did it. I then went to sleep (I work nights). When I woke up (11pm) I had a message from the LL asking for me to call back. I immediately cut a check and wrote a letter explaining what had happened and wondered how one noise complaint could constitute a violation of Quiet Enjoyment.

It is my understanding that for an issue to qualify as a violation of Quiet Enjoyment, a unit must be uninhabitable.

So the next day, I get a phone call from my father saying that I am being evicted for not paying rent and throwing crazy parties all the time. I ask him how he knows this and he says that the LL called him. My father has no business with my lease other than he is listed as an emergency contact. I asked him what makes her think I throw all these parties and he says it is because I have empty beer cases in a closet (we have been saving them to recycle since the property will not dispose of them). He said the LL told him this. He tells me the LL let herself into the unit.

This is the only noise complaint that I remember receiving. A few weeks ago she asked us if we had been using the pool at 2am one night and we said no since I work nights and my roomie was at her bf’s house. I feel as though she is looking for a reason to get rid of us and she is using the late rent and noise complaint. It has become abundantly clear this is not a good living situation.

My only idea at this point is to try and talk to the LL (she doesn’t answer and can never be found) and ask her to make this our last month and we won’t sue for coming into the unit unannounced and sharing lease information with a third party.

Am I in the right here?

[kwitte109]

Well, tattling to your Daddy was wrong her the LL part. The emergency contact is if you abandon the property or they find your unconscious in your apartment. Yes, you are correct there.

The late rent, they still shoud have given you a late notice (on your door) with a notice to pay within X number of days. Read through your lease. It should be written in there very clearly. Same for the noise. There should be a clause that states if they recieve X number of complaints you will be asked to move out.

You also have the right to see your Tenant file with the LL so I would ask for that immediately and force him/her to correct false statements.

I would write a strongly worded letter about this and demand your tenant file be correct immediately whether you move out or not. (I would get out while I could as long as you get it in writing that you are terminating the lease, NOT being evicted.) 1) LL entered your apt without proper 24 hour notice 2) LL violated your right to privacy by contacting your emergency contact when there was not emergency 3) LL is making false accusations regarding loud parties which you can easily prove since you stated you work nights.

Just make sure everything is in writing and if the LL wants you out in three days, then move. Better off somewhere else with a real property manager. Just make sure the lease is terminated in writing (so she doesn't come after you for rent after you move) and that it is not an eviction (which would reauire LL to process through the court system) but he/she still may lie to any future LL.