Evicted For Smoking /Liable For Remainder Of Lease ? (Encinitas, Brea: sublet, apartment)

[CNYC]

Do I still have to finish paying the lease agreement if I am evicted for smoking on a non smoking property? I am not smoking inside due to not wanting to pay any damage costs only outside.

IE. My lease expires in 8 months but I get evicted for smoking. I am obviously not welcome to live there anymore but does that constitute the end of the lease agreement ? It seems too good to be true right ?

I assume this will also be on record when you look for a new place ?

Any first hand experiences ?

Why am I asking ? There was a death in my family and I can't afford where I live anymore. He left us the debt. My lease expires in one year and it will drain my cash flow considerably. So far my landlord has not responded to any of my attempts to talk. I have written a letter email and left a message on the voice mail.

I thought maybe as a last resort...as GW said....."Smoke'em out of their holes"

Suggestions ?

[NoMoreSnowForMe]

Originally Posted by CNYC

Do I still have to finish paying the lease agreement if I am evicted for smoking on a non smoking property? I am not smoking inside due to not wanting to pay any damage costs only outside.

IE. My lease expires in 8 months but I get evicted for smoking. I am obviously not welcome to live there anymore but does that constitute the end of the lease agreement ? It seems too good to be true right ?

I assume this will also be on record when you look for a new place ?

Any first hand experiences ?

Why am I asking ? There was a death in my family and I can't afford where I live anymore. He left us the debt. My lease expires in one year and it will drain my cash flow considerably. So far my landlord has not responded to any of my attempts to talk. I have written a letter email and left a message on the voice mail.

I thought maybe as a last resort...as GW said....."Smoke'em out of their holes"

Suggestions ?

Good news, you can legally just break your lease. I'm assuming it is in CA.

So, give notice, and you will be liable to pay rent until the landlord gets rent flowing again with another tenant. He has to use reasonable means to get it rented asap. He can charge you advertising fees, and other reasonable fees associated with your breaking your lease. Here's an article on it:

Breaking a Lease and Leaving Early | Nolo.com

You need to send another letter and email saying this is your notice to vacate the property on such and such date, and here's your forwarding address.

In CA landlords can take out rent you owe from your deposit. If you anticipate the landlord keeping your deposit, and you will be moving too far away to sue him, then move out quickly before rent is due. Then, there is no eviction, and he has to use the deposit money for any rent you owe.

For instance, if you have a grace period of 5 days to pay the rent before it's late, then give notice that you will be moving on June 5th (or earlier if you can get away with it). You move out before rent is due again. Then the landlord can't serve you with any eviction papers, because rent isn't due yet.

Then you move out. Then, let's say he can't get it rented until July 1st. You would owe him one month's rent, plus any damages.

He might send you a bill for what you owe him, but you can deal with that when/if it happens. In the meantime, you don't have to fork out any more rent, and then hope to get any of your deposit back. Offense instead of defense :-)

I used to be an apartment manager. What I've suggested is not illegal at all.

You definitely don't want to get evicted for nonpayment, though, so don't do that. It will haunt you forever, wherever you go. There are services that produce databases with all filed eviction proceedings, and they show up on eviction reports in all states. So, if you can't move out by the grace period, then you'll have to pay the full 30 days from when you give written notice of moving out.

Good luck to you.

[CNYC]

Thank You for posting this information. The article was extremely helpful.

However I don't think "just leaving" is something that fits my case right now. For one I do have sympathy for my landlord. If I was in her place I'd be very upset with good reason. Although the house is in a very desirable area(Encinitas). An amicable conversation would be so much better. I've got enough problems with the passing of my stepfather. Getting into legal issues with my landlord would just be over the top and more damaging to me than good. Maybe hard to understand without knowing ALL the details.

The possible extra fees etc. tied into leaving would also be a drain on me not to mention the stress. I am already dealing with a death in the family. I don't need the drama....I don't have the strength to deal with both.

What I am shocked about though is her lack of responding to my inquiry.

There are other "tricks" like saying a unit is uninhabitable etc. but that again is lying and maybe too much strain on an already strained existence. I think it would cause me more grief than good.

Is she required to answer my emails or letters ? If I slipped in an extra paragraph " The washing machine is flooding I need assistance" and she still doesn't respond would that make her legally have to get in touch with me ?

The other idea I had was to keep annoying her with emails letters and phone calls to the point where she wants to get rid of me. Although that may hurt me in the long run when I apply for another place. My idea was every month before rent is due to plead for leniency and more or less sob in writing until she can't stand it anymore. Would that be abusive and illegal ?

Having an adult talk would be so much easier

[reenzz]

If your force the landlord to evict you due to lease violations, you can be sued for any rent the landlord lost due to your breach of contract. That means that you will still owe rent for entire lease terms or until the landlord finds a replacement tenant. See if your lease allows you to sublet or pay a termination fee

[CNYC]

Originally Posted by reenzz

If your force the landlord to evict you due to lease violations, you can be sued for any rent the landlord lost due to your breach of contract. That means that you will still owe rent for entire lease terms or until the landlord finds a replacement tenant. See if your lease allows you to sublet or pay a termination fee

Thank You. This is extremely helpful.

Any idea where an early termination fee would be listed on a lease agreement ?

[reenzz]

Read the lease. If it's not in there, talk to the landlord and negotiate a buy out.

[CNYC]

Originally Posted by reenzz

Read the lease. If it's not in there, talk to the landlord and negotiate a buy out.

Thanks.

[2sleepy]

California Civil code covers eviction for nuisance or for breaking term of the lease. It terminates the lease but you can get sued if it can be proven that you are violating terms of the lease in order to break the lease.

CALIFORNIA CODE OF CIVIL PROCEDURE, SECTION 1161 (4) provides in relevant part:, "ANY TENANT,
SUBTENANT ...CONTRARY TO THE CONDITIONS OR COVENANTS OF HIS OR HER LEASE, OR
MAINTAINING, COMMITTING, OR PERMITTING THE MAINTENANCE OR COMMISSION OF A NUISANCE
UPON THE DEMISED PREMISES OR USING SUCH PREMISES FOR AN UNLAWFUL PURPOSE, THEREBY
TERMINATES THE LEASE, AND THE LANDLORD ...SHALL UPON SERVICE OF THE THREE DAYS NOTICE
TO QUIT UPON THE PERSON OR PERSONS IN POSSESSION, SHALL BE ENTITLED TO RESTITUTION OF
POSSESSION OF THE DEMISED PREMISES .

The landlord has to serve you with a 3 day notice.

[CNYC]

Originally Posted by 2sleepy

California Civil code covers eviction for nuisance or for breaking term of the lease. It terminates the lease but you can get sued if it can be proven that you are violating terms of the lease in order to break the lease.

CALIFORNIA CODE OF CIVIL PROCEDURE, SECTION 1161 (4) provides in relevant part:, "ANY TENANT,
SUBTENANT ...CONTRARY TO THE CONDITIONS OR COVENANTS OF HIS OR HER LEASE, OR
MAINTAINING, COMMITTING, OR PERMITTING THE MAINTENANCE OR COMMISSION OF A NUISANCE
UPON THE DEMISED PREMISES OR USING SUCH PREMISES FOR AN UNLAWFUL PURPOSE, THEREBY
TERMINATES THE LEASE, AND THE LANDLORD ...SHALL UPON SERVICE OF THE THREE DAYS NOTICE
TO QUIT UPON THE PERSON OR PERSONS IN POSSESSION, SHALL BE ENTITLED TO RESTITUTION OF
POSSESSION OF THE DEMISED PREMISES .

The landlord has to serve you with a 3 day notice.

Another good post....thanks.

[NoMoreSnowForMe]

Originally Posted by reenzz

If your force the landlord to evict you due to lease violations, you can be sued for any rent the landlord lost due to your breach of contract. That means that you will still owe rent for entire lease terms or until the landlord finds a replacement tenant. See if your lease allows you to sublet or pay a termination fee

Not true. Please re-read my post. In CA, landlords must mitigate their damages. No matter when or how you leave. Lease termination fees are not legal. They can only charge you rent until they find a new tenant, and they must make a decent effort to do so. Even if you just stole away in the night.

OP, all you have to do is send her notice with proof of delivery. It doesn't matter if she is avoiding you. If you have proof of your notice to her, that's all that matters.

I don't understand your ideas of finding ways to get kicked out, such as smoking, etc., and then saying you want to be adult. Those two ideas are not compatible.

Good luck.