Results 1 to 2 of 2
  1. #1
    Join Date
    Jul 2011
    Posts
    1

    Default Received Eviction Notice but No Longer Living on Property

    My question involves an eviction in the state of: California

    I had been living in an apartment since 03/15/08 which began with a 6 month lease and since lease expired, have been month-to-month since.

    Standard practice was we were given a 5 day grace period to pay rent. If rent was not received by the 6th of the month we were then served with a 3-day notice to pay rent or quit at which a $25 late fee would be added. Although a 3-day notice was served management would allow partial or late payment arrangements if necessary. Partial payment was only allowed if payment was received prior to the 5th of the month.

    The last six months I began having financial struggles and have had to pay my rent late but always paid by the 15 of the month. When July's rent came due I was again unable to pay on time. 07/06 I received the 3-day notice. 07/08 I spoke with management and requested to pay on 07/15, which I was granted. Unfortunately this month due to unforeseen circumstances I was unable to gather all the monies necessary to complete my rent. 07/18 I was contacted by management requesting rent and was told if rent was not paid their attorneys would be contacted. I explained the situation advising them I did not have the rent and had decided it would be best if I moved out. The woman I spoke with said she would speak to her manager to see if there was anyway to avoid contacting the attorneys which I was advised on 07/19 there was not. I began moving out on 07/20 and turned in keys on 07/21.

    On 07/29 my stepfather (who cosigned for me) received a Summons-Unlawful Detainer-Eviction which was left with the receptionist at his place of employment. The plaintiff is requesting rent for July 1 to July 31. In addition, one of the paragraphs provides a "reasonable value" for the use of the premises and that the plaintiff seeks such sum as damages for Aug 1 and for each day thereafter until the date of judgment. Although the apartment was not spotless there were no damages. As of yet, I have not been served. I don't know what I should do.

    I plan on taking responsibility and paying any money due for the time I occupied the residence but didn't think I would have to pay for the whole month. In addition assumed my deposit would also be taken into consideration. Any help or advice is appreciated and sorry my post was so long.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Received Eviction Notice but No Longer Living on Property

    Presumably the landlord is continuing with the eviction action because they included a request for a money judgment, and they intend to follow through and get such a judgment even though you have vacated. Failure to pay your rent doesn't let you terminate your lease without consequence. Your security deposit should be credited toward any amount you owe for damages and under the money judgment once the matter is concluded. If you can work out some type of arrangement with your landlord to dismiss the case in return for your paying whatever it is you owe, with application of your security deposit, that would likely be in your best interest.

    1. Sponsored Links
       

Similar Threads

  1. Eviction Notices: 3 Day Eviction Notice - Illegal Property, Warranty of Habitability Violated
    By squishedlizard in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 04-06-2011, 11:20 PM
  2. Replies: 6
    Last Post: 05-09-2010, 07:53 PM
  3. Eviction Notices: Given an Eviction Notice While Living in Raw Sewer
    By HOPE2 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 03-20-2010, 05:13 PM
  4. Replies: 2
    Last Post: 03-31-2009, 05:37 PM
  5. Debt Collectors: Received a Lien Notice from Court, never received Summons
    By carrots in forum Debts and Collections
    Replies: 20
    Last Post: 08-22-2006, 09:29 AM
 
 
Sponsored Links

Legal Help, Information and Resources