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m711

got a eviction with neighbor telling lies

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Hello from California. I received a 60 day eviction notice due to domestic violence. My wife and I have never had a domestic violence. A neighbor in last 6 months has called the police on us 5 times for domestic violence. Cops have showed up and have found nothing. Why because there is nothing going on.  Finally a month ago i got a notice from my association that if any complaint from noise to domestic violence or any police contact i would get a 60 day eviction notice. We don't make noise and i don't even open my windows to not give them a reason to call the police on us. One day i came home and notice my neighbor (different neighbor she lives right under me) door was wide open and i knew she was on vacation. I contacted the police department so they could deal with it. Few days later i got a letter saying i had police contact and i was giving a 60 day notice. Reason was there was a domestic violence. Not true at all. Thats what the neighbor had told the complex manager and thats what they went off. I contacted  the association and told them what had happen. My landlord also told them. The association stated that they got a call from the complex manager stating there was a domestic violence and they just type up the eviction notice and they follow what the manager wants. I said do you have any type of proof that there was a domestic violence or any violation. She said i cant speak of that and manager has final word. So i sent them a police report of what had happen and they took the notice away. Well just last week on July 15 im heading to work and head downstairs. Notice my neighbors and there kids were outside and the kids running around and the mother starts yelling at the kids saying " Stop it guys. Stop going over there. You guys really need to stop all this. Then the father starts to yell at the kids almost saying the same. I go into my garage and head to work. When i get to work my wife calls me and says the cops were just here because of a domestic violence and that it happen outside and neighbor had seen us. Well 2 days later i got my 60 day eviction notice. I told them what happen. Told them to check the cameras and they would see my neighbors were outside but the association is refusing to look at the tape and im stuck. Ive also sent them the police report and even a letter stating what we had seen and heard.  60 days notice is not going away this time is what i got.  Dont know what to do. I know what neighbor is calling and i have never done anything to her and ive always said hello even though she wont say it back. Anything i can do? I would love to move but right now not the best time for us. I would love to move on my own and not have a eviction on my record. Any help would be appreciated. Thank you

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If they pursue this, your only choice is to move or  fight it is court, where they will have to prove their allegations.  Contact a local real estate attorney about your options.

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4 hours ago, m711 said:
4 hours ago, m711 said:

"A neighbor in last 6 months has called the police on us 5 times for domestic violence. Cops have showed up and have found nothing. Why because there is nothing going on." Really? Why am I having a hard time believing that? If it was once or twice at the most, then maybe I would buy it, but I don't buy your claim that the police made 5 trips to your house and found nothing. I think you're leaving a few things out. Try again.   

 

 

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5 minutes ago, courier2003 said:

 

Not leaving anything out. i have all the police reports. Also got reports of times. I have everything. There is no reason for me to lie and i have no reason to lie. Really nothing is going on. There has been reports of a domestic violence and my wife is sleeping and im at work. Police have even came to my job to make sure and i got cameras at work to show im at work and not leaving or not showing up. I have no reason to lie but thanks anyways 

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26 minutes ago, doucar said:

If they pursue this, your only choice is to move or  fight it is court, where they will have to prove their allegations.  Contact a local real estate attorney about your options.

Thats what im trying to avoid is moving but looks like thats my only choice. Would love to go fight it in court but really what am i going to get out of it? yea im going to have to see what a attorney will say. Really dont have the money to be fighting this. but thanks for your help 

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Are you on a month to month rental agreement or do you have a lease for a specific duration that hasn't expired yet?

 

If you are on month to month then the landlord doesn't need any reason at all to terminate your tenancy with 60 days notice.

 

If you have a lease with more than 60 days left then it would have to be for cause and the landlord would have to prove the allegations in court. You wouldn't need money to fight it, just your presence in court (if it came to that) with your evidence to rebut the allegations.

 

You might look for a tenants' right organization in your city. Might be some help there.

 

 

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6 hours ago, adjusterjack said:

Are you on a month to month rental agreement or do you have a lease for a specific duration that hasn't expired yet?

 

If you are on month to month then the landlord doesn't need any reason at all to terminate your tenancy with 60 days notice.

 

If you have a lease with more than 60 days left then it would have to be for cause and the landlord would have to prove the allegations in court. You wouldn't need money to fight it, just your presence in court (if it came to that) with your evidence to rebut the allegations.

 

You might look for a tenants' right organization in your city. Might be some help there.

 

 

Im on month to month lease. The problem here is not with my landlord. She is not the one giving us the 60 day notice. Its the association who sent me a letter telling me i have to move out in 60 days. Landlord has always been on our side because really we ( wife and I) are very good people. We have been at our place for 6 1/2 yrs. All this happen when a new neighbor moved in which was 1 1/2 yrs ago. I have spoken to old neighbors we had and they have given me letters which some even state they never notice we were even home. We dont make noise. My landlord is fighting it but i dont know exactly what she is doing. I just dont something not true to get put on my record and that is a eviction. Thanks for your help and yes ill look around and see what i can find around my city. Thanks

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Nice that you finally revealed that this is not a landlord-tenant issue.  Whether "the association" can evict you or order you to leave will depend on the type of association and their powers as defined by the association's enabling documents and by-laws.  You and your landlord should consult a local attorney and bring the documents governing the association.

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