I live in Ca and I was given a 30 Day notice to quit. It was given to me 4 days after I used the repair and deduct remedy in retaliation. I have always been a good tenant and have always payed rent on time. There are no damages to the home. My question is If I choose to vacate and not to fight this, will I get my security deposit back? Also will this go onto my credit?
In response to your specific questions, so long as you move within the time frame provided by the notice, then the landlord cannot file an unlawful detainer lawsuit. 30 day notices do not go on your credit report, so unless and until the landlord files a lawsuit and obtains judgment, it should not end up on your credit report in any manner. There is, however, a secondary source of tenant screening. These are commercial services which not only look at your credit report, but they also review court records for evictions filed (credit reports will generally only reflect unpaid judgments from lawsuits), and in the case of large apartment complex operators (such as Irvine Company), they do often report even three day notices (even ones that get cured) to these secondary sources. I have personally seen some of these secondary tenant screening reports which showed every notice a tenant received while living in a particular complex.
With respect to your security deposit, it should come back to you, assuming that there are no other reasons for the landlord to deduct for damages (or past due rent – such as the repair deductions), but just be aware that I frequently see on these message boards posts from tenants who believed that their apartment was perfect when they left it, only to have money withheld from their security deposit. Take advantage of a requirement in California law by which you can request that the landlord conduct a pre-move-out walk through of the property, and provide you with an estimate of what he or she will be withholding from your deposit. It gives you the chance to fix those items before leaving. Document everything!
As for the retaliatory eviction, you may want to consult with a local attorney about whether it is worth fighting that or not. It is not a slam-dunk, and if you lose, you are not only out of the apartment, but you then have an eviction on your credit. Good luck.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC’s (the “Firm”) participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
David Gibbs
The Gibbs Law Firm, APC
110 E Avenida Palizada, Ste 201
San Clemente, CA 92672-3956