i am being evicted what can i do

15 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

This is not legal advice but you don’t have a lease agreement do you? Something stating your purpose in exchange for living quarters? Use google, contact 100 people who might have an answer and I am certain you can figure it out.

First of all, I'm sorry you're experiencing this. Second, thank you for being brave enough to ask your question in the Renter's Discussion forum of BP. The correct forum for such a question. You may also want to search for similar discussions about this topic in the Multifamily and Apartment Investing Forum (under the Commercial category) and pose a question there to folks who monitor that forum.

We don't own or manage large apartment complexes that have discounted units for employees, so I'd defer to others who do. Also, we don't own or manage property in California, so I'm not familiar with the landlord-tenant laws in your jurisdiction. However, my instincts tell me you are protected to some extent under landlord-tenant law and what the regional manager told you is not entirely correct. 

It would be unreasonable to expect a household to move out in 3 days. Also, it is highly unusual in the business world to rely on text messages to convey such information. Did your husband give proper notice to the company about his intent to leave their employment? Did he so in writing? Did the company initially respond in writing and clarify the process that is necessary to terminate the employment piece of this? How does the employment piece of this dovetail with the housing piece?

If you were living there prior to your husband becoming an employee and the unit was not a unit designated for a resident manager, then you likely have a very strong position. Carefully review your lease, as well as any documentation about the employment arrangement and rental discount that you were receiving. You may need to seek the assistance of a tenant advocate organization in your area or an attorney. Seek out the resources you need. Remain calm, polite, and professional. Good luck.

There are a lot of moving parts with this that make it a bit out of the ordinary.
1) Place of residence is somewhat tied to employment. But how? Do you sign a lease and then get a discounted rent amount because you work there? Is it covered in your employment contract?

2) Did he give notice in writing that he was leaving? Depending on how the other things above were done, that may be the equivalent of giving notice for the apartment as well. 

3) Did they gave any notice in writing?

4) What are california laws?

What I would suggest though is that if he did not give employment notice in writing and if the apt complex did not give notice in writing to vacate, then I don't think they can simply file an eviction.

In most areas, a landlord typically has to give the tenant some sort of written notice to vacate and give them a set amount of time to remedy the issue or to vacate. Sometimes, the only way to remedy the issue is to vacate. i.e. End of lease, you can give 30 days notice for the tenant to be out and the only way to satisfy the notice is to leave.

That being said. given what I typically hear about california, I would be surprised if there is some sort of way for a landlord to bypass the process here. But I'm not attorney nor am advising you to take this as legal advice. You really have to get your employment contract together and ask an attorney. 

But in terms of them filing an eviction, I would want to know if you received any kind of written notice from the landlord/mgmt company yet.  If not, then I do not think they can start the eviction process just yet.

**Sorry. Unfortunately, this BP forum thing is a piece of junk and I can't go back up and read your post. Sometimes a hide button pops up but it isn't. This BP forum app is terrible.

If you dont' have a lease, then here in Illinois, the landlord would be required to give you a 30 day notice to vacate. And if you didn't get out in the 30 days, THEN they would be able to file the eviction. And that would take another 6 weeks to 5 months to actually be removed depending on what county you're in.

My husband received a texted from the manager that we would need to leave in 3 days. We did not recieve anything in writing. Nor is it in his employment contract or our lease agreement

yes he gave written notice that he was leaving

The lease agreememt we have has the full amount due. It doenst have a discounted rate on the lease

sounds like the company is trying to strongarm you. that's shady. do not give in. does your lease specify you cannot live there if he quits? if not you probably have a legally binding lease they cannot get out of. even if it says quitting the job gives them the right to terminate, I highly doubt they can give you 3 day notice. you can keep asking people online, but my suggestion is to find out if your town offers free legal help for landlord tenant issues. many localities do.

Call Sonoma County legal aide seven 0seven, 54two -129zero

I don’t care what they claim is in your work contract, improper notice is improper notice and should defeat the eviction.

AntiEviction act...

Not legal advice.

Originally posted by @Crimilda Torres :

The lease agreememt we have has the full amount due. It doenst have a discounted rate on the lease

 what paperwork shows how/why/amount of the discount? Also what's the expiration of your lease, or is it month to month.

Thanks for all the comments. Greatly appreciated

I second contacting legal aid. You may also want to seek out a local attorney who represents tenants. California is very tenant-friendly. Someone needs to review your lease and assess the situation in order to give you any kind of advice.

Just out of curiosity, which came first, the apartment or the job?

There are two (or possibly three) things that will likely determine the outcome of your situation:

1. Your lease agreement  

2. Your state's landlord-tenant law

3. (Possibly) His employment contract, if the two are tied together somehow

Anything else is just hot air. 

Big apartment complexes, and leasing managers therein, are notorious for trying to strong-arm tenants. Whatever your lease says is usually gospel.

As already suggested, seek a local attorney or legal help line, provide them a copy of the above documents, and heed their advice. Be cautious of any advice given online. 

And I would add, you are a long way from being evicted. An eviction is a weeks long legal process that usually starts with an official hard-copy legal notice posted on your door. It doesn't happen via text, and it doesn't happen in three days. 

Mention The Fair Housing Law,, you have a lease,, 

All I can say is this is more common than you know for people working and living in the property maintenance, or for a leasing consultant, that lives where they work. The owners don't want you there if your not working for them, you had access prior to keys and other sensitive materials so they want you gone... Usually it's written in a policy packet in SMALL PRINT.. and nobody notices until they find a different job and quit.. and then they drop the hammer,, you have 2 weeks,, or whatever to vacate.. 

You can file a action with Fair Housing maybe.. but good luck.

Companies can and do change policy packets and fine print may say they don't even need to appraise you of change. so if your lease had any mention of policy packet or tenant rules... tenant guidelines,,, it could be in there..

I never encouraged my co workers which were  maintenance techs to live on site,, because of this.. they always thought the rent reduction was great, but lurking was the vacate within 2 weeks if they got fired or found different spot to work.. 

If you have a lease agreement the state laws must be followed by both tenant and landlord. First of all they cannot kick you out in three days or give you such notice. In fact you already gave notice (assuming 30 days as by law it’s all you’re required to give) and I’m assuming you’re on a month to month term. Regardless even if you are on a year lease the state requires California landlords to mitigate. Which means they are actually required to find a tenant. You are required to keep paying until that tenant is found. 

Regardless of what they say as long as you gave notice as described/required by the lease the 3 day move out is illegal. Unless the three day is a pay or quit notice and you’re confusing the two then you’re looking at resolving that but I’m going with a notice to vacate. They are hoping that you just move. It I’m assuming you paid your monthly lease payment and gave the notice at the same time? 

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