Money Matters
lbonga1
member
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Our tech team has launched updates to The Nest today. As a result of these updates, members of the Nest Community will need to change their password in order to continue participating in the community. In addition, The Nest community member's avatars will be replaced with generic default avatars. If you wish to revert to your original avatar, you will need to re-upload it via The Nest.
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Advice Needed
tldr; FI received an eviction notice on our door today while I was at work. Apartment management is lying and being unreasonable.
PDQ I'll likely delete later.
I was at work while this incident occurred, so this is how FI explained to me what happened:
Maintenance workers were working on the apartment above ours because the tenant had moved out. FI was trying to get the girls to take a nap and was having trouble because it sounded like they were dropping tools/heavy things on the floor above repeatedly. He walked upstairs and peeked in the window; he said one of the workers saw him but then turned his back to him. He then knocked on the door and nicely asked if they could try to keep the noise down. He said he knew that they were trying to work, but he was trying to get the girls to nap so it would be nice if they could try to keep the noise off the floor. The worker told him it wasn't his problem, to talk to management, and started to shut the door in FI's face. FI blocked the door with his hand and asked why he was being rude and that he was just trying to ask if they could keep the noise down. Worker responded "not my f*cking problem. Talk to management" and went to shut the door again. FI blocked the door again, cussed back at him and they started arguing for a few minutes. FI then left and returned to our apartment. Sheriffs then showed up and talked to FI about what happened. The sheriff told FI that the worker said FI slammed the door open into his chest. After the sheriffs left, FI left the complex with the girls. He returned later and found the eviction notice on our door. He came inside, seemly right before the workers upstairs were returning from their lunch because ten minutes later they started loudly working on the apartment again. Suddenly FI hears a very loud crash, and water starts spilling through our ceiling (yes, straight through the ceiling). He had to put a bucket down the catch the water; it's still leaking and despite him informing management, they haven't sent someone to fix it.
This is what the eviction notice says about the incident (with my commentary about what is a lie):
"You have engaged in a serious nuisance behavior on the premises.
On or about June 3, 2016 at approximately 9:00am (1), you began yelling and screaming (2) in response to a member of Management's maintenance staff working on a nearby unit. You then came and knocked on the door and window of the unit. When the maintenance worker answered the door, you told him to stop creating noise while working on the unit (3). The maintenance worker apologized (4), and told you to contact the leasing office if you had issues with the noise being created. As he went to close the door, you slammed the door open, violently striking the maintenance worker in the chest (5). You then gave him a vulgar hand gesture (6) and proceeded to yell and curse at him (7). You continued yelling and acting aggressively for over an hour (8), prompting Management to call the Orange County Sheriffs Department (9). This incident was heard by another resident, who later reported to Management that you regularly acted in this aggressive manner and that this caused her to fear for her safety (10)".
1. lie, the girls don't even nap until around 1 pm
2. hardly, he didn't even raise his voice until the worker cussed at him, and they're trying to say he was yelling at them before he even went upstairs
3. ok, that's a bit of an exaggeration
4. lie
5. complete lie. If he had hit the worker at all, which he didn't, he would have hit his feet before hitting his chest because feet obviously stick out more than your chest. He didn't even push on the door, just blocked it from closing.
6. lie
7. as the worker was yelling and cursing back
8. lie, it was over in less than ten minutes, likely less than 5
9. management didn't call the sheriffs department until the maintenance worker informed them of the incident
10. umm what? FI have no clue about this one
FI went to the leasing office to try to talk to the manager, and she basically told him it's in our leasing agreement that we're not allowed to knock on other people's doors because it's private property. I recently read through the entire agreement when we re-signed our lease and didn't see anything about that, and people knock on our door all the time. She also said there's nothing she can do because there's two witnesses (one of them being the worker's boss who was also in the apartment, and whoever heard the argument when they had already started yelling but not when FI was calmly trying to ask them to keep the noise down).
I am just appalled at the whole situation and can't believe this is happening. I took pictures of the water damage, and I'm going to obtain a copy of the sheriff's report. I don't think having me talk to management is going to get anywhere, so I don't know what to do. My first instinct is to find a lawyer as we don't want to move, let alone in 3 days, and we don't want an eviction on our background, especially for something so ridiculous. What should we do?
Re: Advice Needed
Not a lawyer, so please bear that in mind. Real estate laws vary tremendously by region but, generally speaking, these are my thoughts (ie educated guesses) on the situation.
1) They need to give you at least 30 days notice. The only way they can get away with less than that (maybe) is for something egregious. Like criminal activities on the property or danger to others. That last one is what they might be angling for.
2) I don't know if you are calling it an eviction or if they are calling it an eviction but, either way, it legally isn't one at this point. An eviction happens after a court proceeding when the judge rules against the tenant(s). At this point, they are asking you to leave. It sounds like you have already researched your options.
If I were you all, I'd have you (not your husband) go back into the office and tell them you understand they want you all to leave, but there is no way you can do it in 3 days. Ask for them to give you 30. If they refuse then, yeah, don't leave. When they issue the Unlawful Detainer, Reply back to it within the 5 days and that will force them to take you to court. But, in the meantime, certainly be looking for another place and move out before the court date.
If you move before the court date, than the proceeding doesn't occur, so it's still not an eviction and would not need to be answered that way in future rental applications.
Another thought for you is, CA has some of the most tenant friendly laws in the country. From what I understand from the real estate investing forums I frequent, it is a huge b**ch and very lengthy to try and evict a tenant in CA. And that is even with much more "cut and dry" transgressions...like blatantly not paying rent. If you actually took it court, you might very well win. Because it's not just that they asked you to leave, they have the burden of proof to show how you've broken the lease to such an extent that they are entitled to ask you to vacate. If you won, you wouldn't be evicted and could stay there through the end of your lease. Especially if they don't bring any/all of their witnesses. But is that really what you all would want at this point?
It's just really unfortunate all around and I'm so sorry you all are going through this.
I hate to be the bearer of more bad news, but also be prepared for them to not return your security deposit...even though they are the ones asking you to vacate.
Good luck with it all. Hopefully this will turn out to have a silver lining and you all will find an even better and cheaper place.
All things considered, that is great news! I'd suggest you still reply back to the Unlawful Detainer and include your move out date. I'd also suggest you call the office, as well as drop off a written letter, with your move out date.
In the letter, I'd also include verbage something to the effect of "Per XYZ Property Management's request that we vacate our apartment, our last day at ABC Apartments, Address Apt. 123 will be June 18th."
This just reiterates that THEY have asked you to vacate and you are not just willy-nilly breaking your lease.