If I am served an unconditional 3-day quit notice but I move out in time, am I still technically evicted?
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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 13 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.
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