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Was I wrongfully evicted? Is there anything i can do?

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Problynotbatman

Junior Member
Basically, I had four people over at my apartment tonight, we arrived at about 9PM, at 10:20PM my landlord came up and just said "you are too loud everyone out you are evicted. You have 30 days."

100% honestly, I used to party a lot at my old place, i know what loud is, we were just playing cards with a little music. That's why im shocked. If i was actually loud and deserved it i wouldnt care i would just accept it.
I live in California, have been in this apartment since september of 2013, I am in a lease until feb 2015, not a month month, if that makes any difference, and have never had any complaint or warning formal or informal. The landlord usually is super nice and even plays with my dog when i walk her. I just feel like I deserve even 1 warning.

I guess maybe i dont? That's why I'm asking you guys. Is there anything I can do at this point? I feel like I'm being wrongfully evicted, and I have not yet received a written notice just him yelling at me tonight. Sorry if there are grammar/formatting errors im kinda stressed out...

TLDR: Evicted from my apartment at 10:20 pm for noise after no warnings whatsoever when we wernt being loud. Is there anything i can do?
 


justalayman

Senior Member
first, unless he gives you written notice of an intent to terminate the tenancy, it is not a legal notice. Second, once he gives you notice, it is up to you to either accept or reject the demand. If you accept it, there is nothing illegal about it. If you reject it, he will have to sue you in court and ask the courts to evict you. You will have the opportunity to present your side of the case. A judge will determine if your actions constitute lawful cause to evict you. If the judge finds in your favor, the eviction is denied. As you explain things, I do not see anything that is so egregious it warrants an eviction.
 

FarmerJ

Senior Member
yes a landlord cannot evict , but can tell a tenant to get out, SO from the sound of it the landlord lives on site ? as in another unit adjacent to you ? SO the landlords telling you to be out is a oral notice , oral notices have the same value as a fart in Walmo, the smell is there but when it fades how does one prove it happened? SO even if this LL backs it up in writing if you choose to fight it and make the LL take you to court unless the LL has a police report or some kind of proof how would the LL prove it unlike say when a tenant doesnt pay the rent. So my take here is even if you battle with this LL and win this time in the end first off do you really win ? since the ll will likely nit pick and be just a total ass after this. So if this LL does say live under you or next to you then you are free to try talking to this landlord about it , BUT if this landlord refuses to discuss it then Id suggest if there are no rules about visitors and noises other than tjhe so called generic things in a lease that you can tell this LL ( in written letter sent via certified mail ) ` if you wanted it dead quiet after a certain time of night or didnt want your tenants to have any guest over after a certain time of night you really ought to have had your attorney create a lease that addressed those things for you so unless you have a police report that gives you proof I was disturbing the peace then you are free to try your luck taking me to court and proving to a court that there was a lease violation . ( pick and choose your battles but if you do decide to leave DO not leave unless this landlord gives you a signed & dated letter saying that you are released from your lease obligation with no penalty to you and if the LL wont then again tell the LL your not leaving with out a court order, plan on taking pictures of everything and make sure you leave it clean . Make sure you send to the LL say via certified mail your new address and if your LL is not fair regarding your deposit and its not just a small amount then Id say dont hesitate to take LL to small claims and sue.
 

Problynotbatman

Junior Member
He doesn't live there, but he has a manager unit on the other side of the complex which i guess he was at (after all it was only 10pm...) and said 1 neighbor complained to him it was too loud. So he didnt even say he heard it or that he thought we were too loud. As soon as i saw him i said "oh, hey, are we being too loud? i can turn off the music and we can be quiet no problem." And he flipped his **** and said "everyone out your evicted and youre all banned from this complex" the banned part to my friends.
There have been no warnings prior to this, written or oral, absolutely none. There have been no prior incidents. Rent always on time 100%.
So, i would say if he wanted to go to court with this with no prior warnings, no police reports and 1 witness neighbor (should they show up, otherwise it is just hearsay) I feel like he cant prove i was in violation of the lease and he cant justly evict me.
 

Gail in Georgia

Senior Member
"I feel like he cant prove i was in violation of the lease and he cant justly evict me. "

What you "feel" doesn't really matter legally...and a landlord (or property manager) cannot evict anyone.

Only a court can grant an actual eviction.

From now on, be aware of the noise you and your friends are providing when they're over and you're playing cards with a "little" music; keep it low, keep it clean and there shouldn't be any further issues.

Gail
 

FarmerJ

Senior Member
BTW now that rent will be due again here make sure you leave enough room to do this , see when you go to pay the rent if you use money orders insist on a receipt, if they wont do it then do not give that MO up and take it to the nearest post office and mail it via certified mail, or use a check.WHY because if they claim to lose your money order it will take a long time to get it replaced and in that time they can start the process to take you to court , other wise this so called property managers oral notice means crap and with out a police report he may well look for foolish in court.
 

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