CanI be evicted after giving my landlord a written 30 day notice to vacate?
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CanI be evicted after giving my landlord a written 30 day notice to vacate?
I have lived at this property for almost 4 years and am no longer able to afford the rent. I have given my landlord a 30 day notice to terminate tenancy. I have already found another place and have told my landlord this. Yet she still wants to proceed with an eviction. I should already be moved out before I even get a court date. Can she still evict? If I am served and I no longer live there to respond will an eviction go on my record?
Asked on November 9, 2010 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) If you are in the premises after defaulting on or violating your lease obligations (including, obviously, not paying rent due), then the landlord can seek eviction notwithstanding that the tenant is intendinig to move out.
2) If you are brought to court after you have already moved out, make sure you show up for court and then explain to the judge that you have already moved out. The court will almost certanly dismiss the case as "moot"--there being no controversy at that point. Note that there is every chance the landlord will not proceed once you're out--it gains her nothing--but she is probably proceeding at this point so that if you turn out to not move out when promissed, she's already put the wheels in motion and can save time on evicting.
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