i am being evicted what can i do

6 Replies

my husband gained employment for an apartment complex which included a discount on our rent here in sonoma county a year ago in august. he decided to seek employment elsewhere. When he gave his notice that he would be working elsewhere he also told them he wanted to continue to live at the premises and pay the difference at the full amount as any other tenant. he was told he couldn't and that he would need to move in 3 days. My husband told the regional manager that he could not leave in such short notice that if he wasn't allowed to live there that he needed at least a couple of months, then we would move out. she told him that she would ask corporate office and would let him know what they said. Yesterday he received a text message from her that stated corporate would not allow him to stay and that he needed to move by tomorrow or she would have to file.....it was never stated in any contract or on our lease that he would need to leave if he no longer worked for the company...so here we are, what rights do we have

What does your lease or employment agreement say?

Either way they still have to give you 30 days notice. What they mean is if you dont move in 3 days. They will give you a 30 days notice. They can only file court after that.

Just plan on moving in 30 days. That is what the law says you are allowed. You cant tell them you need a couple of months to move. Or tell them they have to rent to you just because you agree to pay the same as other tenants.

They may wish to use your unit for a new employee. Or may wish to charge double the rent other tenants are paying for the unit. It is their property and their right as long as not rent control.

You need to talk to a lawyer right away. Though I’m not saying that because I know of any rights that you do have, but because I don’t believe you have any, and the only chance you likely have is a legal loophole.

The apartment you have was a benfit of employment of the company in which your husband worked. Like any other benefit of employment, that benefit was terminated when you (your husband) resigned.

I wish you the best and hope you find a way to stay your eviction, but in all likelihood I believe you made a serious oversight.

Bukka Levy, Real Estate Agent in CA (#CalBRE01404448)
(707) 762-1717

thank you. There is nothing in writing. The girls in the office asked the question, that if they found employment somewhere else were they allowed to still live there and they said sure just pay full rent.

On the lease agreement it doesnt have the discounted rate. It has the rate that everyone pays

What does the lease say the term of the lease is? I'm not a lawyer, but my strong suspicion is that if the lease doesn't specifically say that the lease ends when he separates from his job then they have no standing to evict until the lease term is complete.

Originally posted by @Crimilda Torres :

thank you. There is nothing in writing. The girls in the office asked the question, that if they found employment somewhere else were they allowed to still live there and they said sure just pay full rent.

On the lease agreement it doesnt have the discounted rate. It has the rate that everyone pays

 Something somewhere has to be in writing about the price you actually pay.... But aside from that what's the expiration of the lease you have now?

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