Legal Question in Real Estate Law in California
Served eviction notice after submitting 30 day notice and vacating premises...
I submitted a 30 day notice to my landlord October 18th. At that time, I owed rent for the month of October. Pro-rating my Novemeber rent, I calculated the amount owed for that month as long as I left by the 18th. November 16th I received court papers stating I had 5 days to respond to contest. My landlord informed me if I left by the day I said I would, they would not proceed with eviction, so I did not respond to the papers. I left the 18th, called my landlord today, and she informed me that I was served an eviction notice AFTER I left. Posted on my door was a notice dated November 23rd. Attached is something stating the server tried to reach me and could get in touch with me (they have my new address and number). Well, by that time, I was gone. Also, the papers state that I owe for the entire month of November although my notice states I'd be gone by the 18th. From the date of giving notice, I kept my landlord fully informed of what I was doing as far as payments and vacating. Please tell me what I can do.
1 Answer from Attorneys
Re: Served eviction notice after submitting 30 day notice and vacating premises.
I am assuming that you are on a month to month rental, rather than a lease.
If that is the case, you are only required to pay rent for the 30 days from when notice was given. The landlord in not entitled to any further payment of rent. Was there a security deposit? You are still entitled to that, as well.
Like I said, provided this is a month to month rental agreement, you are OK, and you could file an action for his actions. Also, if you are in an area that has rent control, there could be other repercussions against the landlord.
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