If you get a notice on your apartment door saying “the eviction process has begun” but there isn’t an actual eviction notice, do you have to move out? As a tenant, you should always be aware of your rights. I will focus on California but each state should have a Department of Housing of some sort or a legal aid organization that can help you with your tenant rights.

In California, a landlord can give a 3 day, 30 day or 60 day notice to a tenant who is in breach of their obligations and rules as a tenant bound to a lease agreement. However, in order to evict a tenant, an unlawful detainer lawsuit must be filed. So, let’s say the first part of this process is receiving proper notice. One argument to make is that if your landlord tells you they are beginning the eviction process but you don’t receive any other type of notice, technically you could try to say that your landlord is giving you 30 days to move out and if you don’t move out, only then can they properly evict you. Most people would think getting evicted is an ordeal but again, I am all for making your life easier. If you hate your landlord and are getting in constant fights, you might as well move out and call it a day.

What happens when you can’t get your landlord to speak to you? FIND THE PROPERTY MANAGEMENT COMPANY.  I have heard many stories where the landlord lives in the building but won’t speak to the tenant and the tenant thinks the “landlord” is the only person that they need to contact. You need to go above the landlord. Sometimes speaking with anyone but your landlord is the best idea. The property management company is the best way to go. 

Two helpful sites to check out are: http://www.hud.gov/local/ca/renting/tenantrights.cfm and

http://www.dca.ca.gov/publications/landlordbook/index.shtml

Sometimes landlords like to take advantage of their tenants, don’t let it happen to you. Or better yet, if you have a landlord “situation”, I would start looking for a new place to live.