Facing Apartment Eviction?

Question

We live in California in some slummy apartments. Now, we pay our rent, not always on time, but we pay it, we have an understanding with the managers of the apartment complex. Anyways, a couple days ago a lady that lives in the apartment under ours says we make too much noise late at night. She gets to bed at 2am from work, and she claims that we run in our apartment at that hour and that we seem to be doing it on purpose(Which is a huge lie). Now, the problem is that the managers believed her and now we're faced with eviction. Could they do this even thought we pay the rent? If they can evict us, what protections or legal rights can we use? Should we still pay rent? Are there any legal rights that will help us to stay until we find an apartment?

Answer 1

You better start looking now. The Manager might have been more understanding IF you paid on time. Sounds like you are a trouble tenant they will be happy to be rid of.

Answer 2

Noise complaints are grounds for eviction but are very hard to prove.  Let them try to take it to court, chances are you will win.

Answer 3

You must be given 30 days. And you need to pay your rent while your still there or they will sue to recover it.

Answer 4

You don' t mention the extent of the threat.  Is it just, "I'll have to evict you if the noise doesn't stop?"  Have they said, "I'm sorry, but we've had too many complaints and I'll hve to pursue eviction."   Exactly how far has this gotten?  

Also, does this woman have any other apartments on the side of her from which this noise might be coming?

Also, where do you stand on the rent right now at this moment?

Answer and I'll try to give you my best two cents.

PS: I notice that you are relatively new to YA, so in case you don't know how to add details, there's a menu bar beneath your question.  The last option is "edit."  When you click edit, it gives you "add details."  Click on that and answer questions.

UPDATE:  How did the landlord phrase the threat to you?  Does your downstairs neighbor have neighbors to the side of her who might be making the noise?

For starters, it was inappropriate and extremely unprofessional that the property manager showed up at your door with that tenant.  I've had problem neighbors I've complained about before and no landlord/landlord's agent EVER took me over to their apartment to confront them.  It sounds to me like you were ambushed.

The only way I can see you proving it isn't you is to have a video camera on everyone who lives in the apartment, all night, every night, for a week or more.  The fact is that you don't have to and neither your neighbor nor your landlord are acting appropriately.  The fact is that you can probably file harassment charges at this point.  When I had horrible neighbors, I was told by the cops whom I called frequently, that I should never go talk to them myself because they can accuse me of harassment, so I became the lady who was always calling the police.

If I were you, at this point, I would consult an attorney who practices landlord-tenant law.  You'll find them in the phone book.   They will often listen to your story and answer your questions for free over the phone.

With regard to your rent, have you received warnings about lateness?  What is the owner/property manager's policy in that area?

Answer 5

They asked you to leave or they have filed a court case against you? You must pay rent until the day you leave, even if they take you to court.

However, if you are month-to-month they only have to give you 30 days notice to vacate with no reason needed.

Answer 6

As a landlord I have had this problem.  I ran into this same situation a while back and it turns out after investigating, that the complainer had a mental disorder that made him paranoid and very hostile to those that he perceived had wronged him. He told us that the neighbors were knocking on the walls just to harass him. In the end they both ended up leaving because they were both problem renters in one way or another. If there is a conflict the bad renters will have to go so as not to drive off good renters.  If you can pay on time, not cause actual noise complaints and don't destroy things or break the rules you will become the good renter. Here is a good tip: Pay your rent early. I do just about anything to keep early payers happy.