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I have lived in a small apartment complex since 1992. Ownership changed in 1997.
I just received a 'notice to quit' this morning, stating I must be out by September 30.
The notice was sent by the owners attorney.
We only have eight units of which seven are occupied. Five of us are fed up with years of poor ownership, and one has left, leaving seven.
The ones who are not fed up are the landlord, and the other two more recent tenants who are friends of the owner.
It is the opinion of the five of us that the owner is very poor. They only do the bare legal minimum when repairs must be done, and they do not allow the workers to finish the jobs, leaving things a mess.
A few years ago I noticed they were in the red when I went to a web site ranking owners. I was not surprised.
Do they legally owe me an explanation for my eviction? I always pay my rent on time.
Check out your State laws. Typically, if you are on a month to month lease and you are not delinquent on rent then you must be provided 30 days notice.
No, they don't have to give you a reason. Just the required notice. In CA, since you've been there over 1 year, the required notice by the landlord is 60 days.
Doesn't sound like an eviction, but a termination of tenancy. It wouldn't show as an eviction on your report, as long as you pay rent until you move, and no actual eviction proceeding is started.
Correct. You're not being evicted, No doubt after all this time you're on a legal month to month tenancy and depending on your state law (they differ a little), the landlord is required to give you minimum 30 days notice in writing of termination.
No, the landlord doesn't have to give you a reason at all. Hopefully you can easily find a new place to live - and hopefully you find a good landlord who'll fix things when they need to be fixed and won't allow mess to be left behind! All the best.
Yes, check state laws. And look closely at your lease.
Notice to vacate alone is not an eviction- it's a warning. Yours is just a termination. It's only an eviction if you don't vacate by the date on the notice, and the LL's attorneys file an eviction lawsuit (in most states/cities).
Without cause notices give extended time to vacate, as your letter. Whether the LL has to cite a cause depends on the terms of your lease, local laws, etc... But usually, it's the 3-day quit notices, or notices that break a fixed-term lease, that have to cite a cause.
You've been there a long time- if your lease expired long ago and automatically reverted to a m2m agreement, then the LL can ask to vacate in 60 days, and not have to cite a cause.
I agree with most posters....you are not evicted but given notice to vacate and you better leave. You already stated about poor ownership so why even thinking of staying.
I have been waiting to hear from the apartment manager for my next destination, but a unit has not yet become available.
I do not even remember getting a copy of the lease back in 1997. The old landlady and owner both died in 1997, and I have no recollection of the transition.
I find it strange that I was the only one that got the termination notice. Two other tenants were here in 1997, and received no termination letter.
I also find it strange that the attorney who sent me the letter specializes in eviction, and the tone of the fine print indicated it was for owed debt.
I have actually never even met the owners, but the landlord, who is the owner's brother in law, ostensibly knew nothing about my termination letter, and offered no reason why I received it.
I would also like to know if I am legally entitled to receive another copy of my lease.
I have been waiting to hear from the apartment manager for my next destination, but a unit has not yet become available.
I do not even remember getting a copy of the lease back in 1997. The old landlady and owner both died in 1997, and I have no recollection of the transition.
I find it strange that I was the only one that got the termination notice. Two other tenants were here in 1997, and received no termination letter.
I also find it strange that the attorney who sent me the letter specializes in eviction, and the tone of the fine print indicated it was for owed debt.
I have actually never even met the owners, but the landlord, who is the owner's brother in law, ostensibly knew nothing about my termination letter, and offered no reason why I received it.
I would also like to know if I am legally entitled to receive another copy of my lease.
Exactly what wording did you construe as "for owed debt"? If you owe no past rent there would not have been any reference to anything like that. Could you post/quote that section?
it is not at all odd that the attorney specializes in evictions. That's the attorney you would choose if you're about to serve notices on a tenant. Perhaps a little intimidating but not out of the ordinary.
You don't need a reason to give proper notice to vacate, you only need to abide by the law. The reason is, they own the property and have the right to do many things including noticing a tenant to vacate.
Your old lease, likely expired 1 year after you signed it and by a common default, became "month to month" after a period of time. (60 days in my state, for instance) Yes, you have the right to have a copy of your lease, if anyone there has it. Pretty sloppy management to never prepare a new, current and up to date lease once a year. Even if our tenants are on a month to month term we prepare a new written lease once a year to make sure our forms are up to date, and we have any new information on the tenants such as a new phone number or mailing address.
I think you'd know if you owe money to your landlord and the 'tone' of the letter means nothing...it's all about the words printed on the page. What exactly does the letter say in regards to owed debt?
Your landlord isn't doing anything shady, they're just terminating your tenancy. Quite legal and quite common.
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