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Facing eviction and don't know what to do?
My husband and I have lived in our apartment for 22 years. We live in San Diego, CA and love our home. We keep to ourselves and thought we were quiet. Out of the blue we received a letter saying that our tv is too loud, we're slamming cabinet doors and stomping our feet. We go out of our way to be courteous neighbors, we turned off our surround sound and no longer leave the front door open when watching tv in the evening and have turned down the sound even more.
I moved everything out from under the bathroom sink so I don't need to open the cabinets in the bathroom., we don't stomp when walking but now I'm practically tiptoeing around. Today when I was in the kitchen cooking I accidentally dropped a pan when reaching under to pull out another pan.
This evening we came home from dinner and we have another letter from our manager saying this is our second notice and if we are issued a third one we will be evicted!
We have talked to the manager and she says she's sorry but our neighbor (we don't know which one) is complaining about noise from our apartment.
We are an older couple with no children, on one side of us is a young couple that is very quiet except they slam their front door when they come and go- not a problem. On the other side of us, we aren't sure who lives there anymore. We know someone does but we never see them. We are in a lower corner unit, a man lives above us (an older man) he's mostly quiet but sounds like he's been dropping a bowling ball a night, can't figure it out.
We are going to be evicted from our lovely apartment and we haven't done anything. Is there any recourse. I tried to talk to our neighbors but they never answer their door. 2 doors down is another neighbor, that we are friendly with and I asked if he can hear our tv when he walks by and he says no. The last manager lived above us and I asked her once if we are quiet enough because my grandchild came from out of state to visit and I was trying to be aware of the noise level. She said you two are very quiet.
I didn't think we made any enemies ...but now I don't know what to think.
Do we have any legal recourse?
5 Answers
- 9 years agoFavorite Answer
I think someone may be jealous and trying to get you back.
My mom lives in an apartment and has music on sometimes that "bothers" the manager, so she appologizes and says that someone has complained about it and makes her turn it off. So it may be the manager herself. Ask for a "meeting" with the complaining neighbors to see what exactly bothers them and what can we do to work it out. If you dropped a pan and a few hours later there is a sign on your door, I doubt that someone has time to go to the manager and then the manager to write up a notice. It is probably her herself as she is sitting there waiting for your perfect silence to screw up. Use the old manager as proof that you are not breaking rules an never have. Allow your "good neighbors" to refer themselves to the current manager and say they have no problems. I don't see how they can ask you to leave really just because someone complained. Maybe I live in LA where there are no rules haha but my neighbors play loud loud loud music, my upstairs neighbors stomp like crazy, but so far no one was evicted for any reason no matter how bad they are. Heck, people use the apartments to make meth labs and STILL don't get evicted even when the police find out. Crazy world... Best of luck.
- Glenn SLv 79 years ago
Sounds like the landlord wants to terminate your lease early. If the landlord tries to evict you for being a nuisance all you can do to fight the eviction in court. Get letters from your neighbors and last manager that you are not a noise nuisance. The real problem that you will have is that the landlord will legally terminate your tenancy when your lease expires and there isn't anything you can do about that since San Diego is not a rent control city. In California at the expiration of a lease the landlord does not have to show cause for terminating your tenancy.
- Susan HLv 49 years ago
As for written complaints from your landlord. If he or she tries to evict you and cannot or will not provide proof, take him or her to small claims court and ask for that information there.
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