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Question
Eviction process/laws after I moved out peacefully?
I notified my landlord I was not renewing my lease, paid September's rent, and moved out on Sept. 1. My lease and walk-through were not until Sept. 30. I came on Sept. 23 to paint my walls and had a summons for unlawful detainer/eviction. My landlord is suing me for overdue rent. All of my records show I was up-to-date on all of my rent and owe nothing. I met with my landlord and they said I owe them $250, but couldn't tell me why or for what. I was very frustrated, needless to say. However, wanting to just get out of this mess, I offered to pay the $250 anyways, just to avoid the time and hassle of going to court. They refused and told me I had to go see their lawyers. I called the lawyers to try to get any information about this fee and the lawyers are now asking me for $1200 for "their time" spent on this case. I was infuriated. I got no notice whatsoever that I owed them anything before they sued me. Because they didn't give me that opportunity to fix this misc. fee outside the courts, I don't feel I should have to pay over $1000 in legal fees that could have been prevented. Its as if they didn't want to resolve this peacefully, but wanted to intimidate me into paying them random fees. To stay civil, I stayed on track with my lease, and completed the final walkthrough on Sept. 29. The manager I did the walkthrough with had no complaints and told me that everything looked great. I went ahead and filed an answer in court stating the situation, regarding no notice of my being overdue and their refusal to discuss the matter without me first setting up a payment plan for the $1200. My question is, if I go to court, would this still be considered an eviction? I peacefully moved out before my lease up. Would this be a civil claim and not an eviction? My biggest concern is, if for some crazy reason the judge decides they like the landlord and think I should pay the $1200 in legal fees, would a ruling against me be an eviction and go on my credit? I already moved out, so no need to evict me or lock me out. I gave them the keys. They're just suing me for money now, not the apartment. I'm a bit confused about this aspect of the trial. Also, what should I bring to the trial in terms of evidence? Obviously my rent receipts, but also, how do I prove I didn't receive any notices? I never got anything posted to the door and nothing in the mail. My boyfriend can attest to that. I am already planning on bringing him as a witness. Any help would be appreciated! =) PS I live in California
2 months ago - 1 answers
Best Answer
Chosen by Asker
Go to court, bring your rent receipts. You will win and owe nothing at all. Attorney fees are only if you loose and you can't loose. The 250 isn't even for anything, you have to refuse to pay a bill before they can sue for it. The judge will rule in your favor.
by Janet P
2 months ago
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