Can management continue an eviction if we move out by the end of our lease?

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Can management continue an eviction if we move out by the end of our lease?

We have a lease that is up at the end of this month; we have not signed a new lease. Management gave us 60 day notice to move at the end of last month. We gave them notice that we would move by end of lease. Management has served an unlawful detainer because they gave a 3 day to quit premises. We paid this month’s rent on time so it is not for owing rent.

Asked on December 28, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you surrender possession (not just move out, but make sure you return the keys), then no--an eviction action should not be continued against you, since the purpose of an eviction action is to get possession. However, that does not automatically stop the eviction action--the landlord may still try to go forward with it. If the landlord does and you get (or already have) notice of a court date, make sure you go to court and explain to the judge that you had already moved out.


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