I moved out of an apartment and i gave notice that i was doing so. The current manager acknowledges this yet the company still hit me with an unlawful detainer. There was no lease just rental agreement. and they never served me a thing. can they do that
Well they certainly will have some problems to overcome. The question is not can I sue but rather can I win. First a lease and rental agreement are for all practical purposes the same. Now what did they file suit for? Did they serve you a three day notice? They had to in order to file a UD. If it was a non pay issue then they are probably trying to collect back rent and figure tat you will not file a response and they will get a judgment against you quickly. DO NOT LET THAT HAPPEN TO YOU. File a demurrer or file an answer. In the response state you are no longer in possession of premises. Make sure all your stuff is out and manager has keys. Once you are out possession is no longer an issue and the importance is that the case is not entitled to preference in trial. Without the preference they would have to wait 6 mos to a year. With the preference if they were seeking possession you could get to trial in a month or less.
Good luck and hope this helps.
Melvin C. Belli
The Belli Law Firm
35 Miller Ave Suite 199
Mill Valley, CA 94941