Breach of Vacancy or Abandonment of Residence

[bitv]

I have left my place of residence,leaving a few personal possessions behind.
i left formy own safety.Am I entitled to tell the landlord of my
termination of vacancy considering it was a month-by-month lease-I was as
well on the contract.I am not returning to the residence where I used to
co-habitate for my own safety.The other tenants were going to be evicted two
weeks after I left suddenly.Some advice on this matter would much ease my
mind.I would not like to consider a civil suit because of my action.

[OHlandlord]

bitv You said that eviction was imminent. Had you received any written notice of this? What notice did you receive from your LL? If you received a notice to quit, you should inform the LL that you have moved out, but the other person has not. (A notice to quit means you are supposed to move out.) Let him know when the rest of your belongings will be removed (see below).

If he has not yet posted a notice to quit, or filed the actual eviction with the court, and you failed to give your LL prior notice of your intent to vacate, you may well be included on any eviction proceedings that follow. Nearly all month to month agreements require that your provide the LL with 30 days (usually) advance notice before you leave. Additionally, since you still have belongings in the unit, the LL is entitled to the rent. He should receive rent for the notice period and for any period when you are still storing your belongings in the unit. If the eviction has already been filed with the court with your name on it, you will still be included in any civil prodeedings to follow.

I understand that you left for your own safety. Was this a domestic violence situation? Did you get a restraining order or an order of protection from the other person? If not, I'm afraid you have no proof of this situation. Either of those orders would have forced the other person to vacate the premises immediately. They would have proved a need to vacate.

I would suggest you contact your LL immediately and explain the situation. Offer to pay him the rent for the required notice period that you failed to give. Get a police escort to the property to retrieve your remaining belongings. If you remove all your items and pay the LL the rent for the required notice period, he may remove your name from a subsequent eviction (if the eviction must take place due to the other person refusing to vacate.) Good luck and keep us informed of what happens.

[bitv]

It seems your advice "Oh Landlord" was enough to get the ball rolling in my favor.I did contact the LL to give him the form of vacating the premises,so i am no longer liable there.I did actually pick up my personal belongigns with the peace request of an officer.There is peace of mind here.Just waiting for the restraining order.Should I have filed in Los Angeles or where i was living in Orange county.Thanks for the profound legal advice..it saved me worry and was a bit self empowering.How long does a restrianing order take(even if temp),,just wondering.I think that a different forum question,

[OHlandlord]

bitv, you will still be liable for the rent for the rest of the notice period, but you should be released from liability after that. A RO (temp or permenant) should only take a couple days at most to obtain. File it in the county where you live. Any DV center can help you obtain one quickly. Please seek thier help . They may also offer a number of other services to you depending on their funding (free 911 cell phone, counselling, shelters, assistance in obtaining new housing, etc.)