If I am served an unconditional 3-day quit notice but I move out in time, am I still technically evicted?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I am served an unconditional 3-day quit notice but I move out in time, am I still technically evicted?

A few roommates and I were served an unconditional 3-day quit notice on a 1 year lease due to the actions of one of my roommates. They granted us an extension because we are all full time students and we moved out in time. Were we technically evicted? Are we liable for the rent for the remainder of the lease period?

Asked on November 7, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) It should *not* be the case that you are evicted if you moved out on time. However, to make sure that's not the case, see if the landlord will confirm that he is dropping the case. It's most likely he is--why bring a legal action when there is no need?--but if the landlord moves ahead with filing an eviction action for some reason, make sure you show up in court, so you can inform the court that the issue was mooted by you moving out early. The court has no way to know that, if the landlord files an action and no one tells it you moved out.

2) If you were evicted for lease violations, you would still be liable for the rent for the remaining period or until the premises is re-rented, whichever comes first.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption