How To Fight An Eviction?

Question

Help!!

A few days ago my neighbor got in my face and swung at me.

I blocked it and slapped him, he ran in his apartment and then because of pent up rage I punched his door several times and flipped over his grill.

I got arrested for breach of peace.

2 days later I got a "notice to quit"

The manager here said that on the date that it expires (5 days)

a marshall will move my stuff out into a POD and lock me out.

When I said this isnt legal, the landlord needs a court judgement, the manager replied "not true, because you displayed aggressive behavior towards your neighbor we can lock you out in 5 days" This cant be true is it?? What can or should I do?

Answer 1

I don't know which state you're in, in CA, breach of the contract just as failure to pay rent.  The LL has to give a 3 day or 5 day notice then after that file to court for unlawful detainer. This is the standard procedure for eviction. No self help method should be used.  Check with your state's law to this.

If you pose an immediate threatening to others, they should call police to have you arrested and lock up in jail before the eviction process.

Answer 2

I'd seriously be more concerned over your pent rage then this, cause thats the root of it all.

Why did the neighbor get all up in your face?

You assaulted a neighbor, and destroyed property YOU HAVE NO RIGHTS.

They should have got you for more than breach of peace.

They are afraid of your volitalness.

I too would call the owner and police and have you arrested and evicted too, stop worrying about your rights you are a bully, and start worrying about how to calm yourself down.

Get into anger management, buy that guy a new grill and move the heck out of there after several apologies and no whining and get back on the right track..

And NO I don't expect a best answer from this but if you were smart you'd do it.

Answer 3

Your city should have a website for your to search and get these answers. It is my understanding that there must be due process, which involves you being able to present your side.

Answer 4

If you lived in NYC my advice would be to contact your state assemblyperson and/or your state senator and/or your city councilperson.

These reps have local offices with staff expert in tenant/housing issues and they would be able to tell you if this is true for your city/town and what steps to take.

You may need a lawyer. You might also consider some anger management classes.

Good luck.

Answer 5

I don't think so.  You have to check the laws in your state.

Call your sheriff or check with your county's court offices.

Answer 6

I would be very surprised if your landlord needs a court judgment.  The tenancy act in your area addresses issues of conduct.  Read the tenancy agreement that you signed.  I'm pretty sure you will find that if your conduct is deemed unacceptable then your landlord has grounds to evict you and only needs to serve with an eviction notice.  Once served you are given very little time to vacate and if you don't leave the landlord gets the help of a sheriff to remove you and your belongings.

Answer 7

What city do you live in? Check with the Fair Housing Department in your city on Monday.

You are now a threat to the other tenants and the manager.

Answer 8

What state are you in?

There may be an expedited eviction process because of your violent criminal behavior.