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? asked in Politics & GovernmentLaw & Ethics · 8 years ago

Will I still get an eviction if...?

My husband and I were given a 60 day notice to vacate our apartment due to noise. Needless to say we have learned our lesson the hard way. So far we are not being given an eviction, just told to vacate. My question is can he give us an eviction for not paying the rent for the 1 month and 9 days that aren't paid for? I was told as long as we vacate on the date given, we don't have to pay rent and we wont be given an eviction. We are in California if that helps. Thank you.

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  • 8 years ago
    Favorite Answer

    Yes.

    If he has to take you to court to evict you, he will seek out damages for unpaid rent as well.

    It sounds like he has given you an incentive to get out by a certain date. I recommend you do so.

  • 8 years ago

    You must pay rent for any time you are living there. The notice to vacate is sort of a courtesy notice. If you don't move by then (and pay rent!) your landlord can sue you for unlawful detainer and he WILL get a judgment against you for what you owe.

    Who on earth told you that you don't have to pay rent? Fire them. That's wrong.

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