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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Posts: n/a
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I have a one year lease in CA and my landlord sent me a 60-day notice to vacate because he lost his job (still have 7 more months left on one-year lease and am in good standing--always pay full rent on time and treat the home as if its mine). The lease has no provisions allowing the landlord to break the lease. I sent him a kind letter (certified, returned receipt and an e-mail) stating that I symphatize with him but that Ican't move and that he needs to honor the full-term of the lease. He hasn't replied and the 60-days will be up this month.
What if he tries to evict? Will the court honor his attempt or will they deny him because they'll see that the lease is still in effect? What should I expect? I know I'll have the right to "answer", but exactly how does that work? How will I receive the eviction notice? How much time to I have to answer, and should I be looking for a place meanwhile just in case the court sides with him (I don't see how they could--there are no grounds). Lastly, won't this affect my credit even tho I'm right and let's say the court agrees with me? I've heard that an eviction stays on your record for a very long time and I have excellent credit. Lastly, since he hasn't replied should I write him again asking for his response once again? His silence concerns me. Thank you for taking the time to answer. |
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#2 |
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Top Level Member
Last Online:
Jul 23rd, 2008 10:34 AM Join Date: Jul 2007
Location: southern OH
Posts: 579
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The LL may not break your lease as long as your rent is paid and you have no lease violations. He cannot do this. If he files an eviction, you will receive paperwork from the court itself. The paperwork will state how many days you have to file a response. (The time for a response varies by state.) In your response you should write that you have a current lease that does not expire until xx/xx/xx date and that your rent is current. Also include that you have receive no violation notices and are still in good standing. Attach a copy of your lease.
An eviction does not show up on your credit record. Only the monetary judgment after the eviction shows up on that. It will show up on a record search for court records done by most LLs. You will have to explain to future LLs the circumstances of the eviction filing. Keep a copy of the front page of the lease with you when you go to apply at places so they will be able to see that the eviction was filed during your lease period. It will make it harder to rent another place because some LLs won't care about the circumstances or take the time to check the case further to see that it was dismissed. |
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