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View Poll Results: Should the poster be evicted, not be evicted, fight any eviction, approach landlords directly
Evict pothead tenant for smoking in backyard and exposing children of landlord to strange smell 1 9.09%
Don't evict disabled tenant, sympathize with situation, and try to stay at location 4 36.36%
If landlord serves eviction officially, likely, fight this because you have a case or point 3 27.27%
If landlord served eviction, accept it and find other housing. You messed up and deserve the boot 4 36.36%
Multiple Choice Poll. Voters: 11. You may not vote on this poll

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Old 01-22-2016, 10:52 PM
 
28,113 posts, read 63,638,166 times
Reputation: 23263

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Eviction Flow Chart

https://www.sftu.org/wp-content/uplo...tflowchart.pdf
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Old 01-23-2016, 12:36 AM
 
Location: North Idaho
32,632 posts, read 47,964,911 times
Reputation: 78367
Quote:
Originally Posted by sunset117 View Post
........ But it's clearly an eviction notice........
You have not received an eviction notice. You have received a notice to vacate. Those two things are not the same at all. Your landlord is terminating your agreement. He is not evicting (yet). An order of eviction is issued by a judge and it is a legal procedure through the court system. Once th e judge issues the order, the sheriff comes and tosses you out.

Do not go around saying you have been evicted. When you are applying, you tell the new landlord that the old landlord wanted his place back. That is the point where you tell the potential new landlord that the reason was your medical marijuana. You might as well find out before you pay application fees whether or not the new landlord is going to object to medical marijuana.
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Old 01-23-2016, 02:23 PM
 
9 posts, read 10,161 times
Reputation: 10
Ok. Thank you all so much for the support and recommendations (with websites). I haven't contacted my landlord to negotiate the deposits; how is the best way to go about that?

I'm trying to find a new place by 2/1. I haven't asked my LL specifically but for the LL's on here, if you told a tenant via text to find a new place asap on 1/22 would you expect them out 2/1? Or 3/1? Part of me is worried that because they are lawyers if we move out 2/1 they won't have someone else for the unit and will say we didn't give official notice and try to screw us. I'm trying to make it right with the LL's but they haven't given much direction. At this point, I'm trying to get out by 2/1... Any thought appreciated.

Thanks again to those posting...
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Old 01-23-2016, 02:28 PM
 
9 posts, read 10,161 times
Reputation: 10
I was thinking of contacting my landlord, in writing, with my new lease agreement. I'm currently looking for a new place, but I was going to find one, and then run it by him and confirm that it's OK for me to move out. I just don't want to get sued for breaking my lease because of something told over text.

Was thinking I would give them a new lease agreement, before signing it, and just confirm that that's OK. I thought about point I could try to negotiate the security deposit, as well. This way I thought it would get in writing that it's OK for me to move out despite me not providing any notices or whatever. Just trying to cover myself.
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Old 01-23-2016, 02:30 PM
 
28,113 posts, read 63,638,166 times
Reputation: 23263
If I wanted you out it would most likely require a 60 day written notice.

There are exceptions if you are classified as a Lodger... doesn't sound like you meet this definition because generally if there is more than one "Lodger"... they are tenants.

So I take it your partner has resolved to vacate and move?
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Old 01-23-2016, 02:33 PM
 
3,461 posts, read 4,698,274 times
Reputation: 4033
LL should give you a formal written notice giving you at 'least' 30 days notice for nonrenewal of your MTM lease to vacate. In some cases it is 60 days depending on your state, your lease and how long you have been there. Does your lease state anything about nonrenewing the lease and how much notice is required on both the LL and tenant end? If not, then you go by your state's tenant/landlord laws on requirements for nonrenewing a lease.


There should be no guessing on any of this. It should be spelled out clearly for you in your lease or by state statutes. They can't just up and tell you to get out without following the specific laws and statutes.


This should spell it out for you:
http://homeguides.sfgate.com/califor...ase-47198.html

Last edited by Corn-fused; 01-23-2016 at 02:46 PM..
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