Legal Question in Real Estate Law in California

In response to your specific questions, so long as you move within the time frame provided by the notice, then the landlord cannot file an unlawful detainer lawsuit. 30 day notices do not go on your credit report, so unless and until the landlord files a lawsuit and obtains judgment, it should not end up on your credit report in any manner. There is, however, a secondary source of tenant screening. These are commercial services which not only look at your credit report, but they also review court records for evictions filed (credit reports will generally only reflect unpaid judgments from lawsuits), and in the case of large apartment complex operators (such as Irvine Company), they do often report even three day notices (even ones that get cured) to these secondary sources. I have personally seen some of these secondary tenant screening reports which showed every notice a tenant received while living in a particular complex.

With respect to your security deposit, it should come back to you, assuming that there are no other reasons for the landlord to deduct for damages (or past due rent - such as the repair deductions), but just be aware that I frequently see on these message boards posts from tenants who believed that their apartment was perfect when they left it, only to have money withheld from their security deposit. Take advantage of a requirement in California law by which you can request that the landlord conduct a pre-move-out walk through of the property, and provide you with an estimate of what he or she will be withholding from your deposit. It gives you the chance to fix those items before leaving. Document everything!

As for the retaliatory eviction, you may want to consult with a local attorney about whether it is worth fighting that or not. It is not a slam-dunk, and if you lose, you are not only out of the apartment, but you then have an eviction on your credit. Good luck.

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