Legal Question in Landlord & Tenant Law in California
Can a Landlord file an Eviction Notice after you have already moved out?
Our small business moved out of an established office with good cause. (Landlord breech). Three days after we moved out, the Landlord sent a 3-day notice for non-payment of rent and now has filed an eviction. We are about to file an answer to the unlawful detainer. How can they proceed with eviction when they filed it after we moved out?
2 Answers from Attorneys
Re: Can a Landlord file an Eviction Notice after you have already moved out?
They can proceed to the extent that the action still claims unpaid rent. You should notify the court that possession of the premises is no longer at issue so the matter can be converted from an unlawful detainer action to a regular civil matter.
Re: Can a Landlord file an Eviction Notice after you have already moved out?
This shouldn't even be a five-day action any more. You should be a breach of lease lawsuit, and afford you 30 days to answer. Maybe contact the plaintiff's attorney and explain it. See what the attorney says. Certainly, this should not be heard on an expedited basis, as unlawful detainers are.
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