Need help! I have a question about eviction.

[Lethe]

I just withdrew from college last Wednesday because I was offered a job that I couldn't pass up. I live in some on-campus apartments that are owned by the college but are managed by a 3rd party property management company.

I got a notice that the management wanted to speak with me so I called them today. The manager told me that I had to vacate my apartment within 10 days or I will be evicted.

Is this legal? She said those terms were in my contract I signed. I thought there had to be a 30 day notice before eviction? They won't any have anybody to put in my apartment until January anyway, because nobody will be moving until the semester is over. Ten days is very little time to get a new place and move all my stuff, not to mention I will be working 8-5 everyday in the meantime.

[flvegan]

1. Eviction is normally a court process.

"Being evicted" (depending on your state) can take from 30-120 days. They've given you the option (assuming that it IS in your lease/contract) of leaving in that timeframe or they'll start eviction proceedings on you.

Not a lawyer, mind you. You may want to seek counsel.

[sniffa]

5. this is true

and if you want to be a dick back to them, make them take you to court. and if you want to be more of a dick, withoLd rent untiL the process runs its course. up here it can take years to evict someone.

[Lethe]

7. if you get evicted does it count against you if you try to rent another apartment?

I mean, do apartment managers look to see if a person applying has prior evictions?

[sniffa]

12. can't answer that but

i assume any renter worth his saLt wiLL try to check. i've never been evicted, and have never evicted anyone, and never rented to anyone, so i can't say. sorry.

[LeftyMom]

13. Absolutely.

Most reputable complexes absolutely will not rent to somebody with an eviction. That said, an incomplete eviction (where they file and you more out before the judge rules on the eviction) would not show up on your record, at least in CA and with the background check company my old company uses.

[triguy46]

2. Yes. Campus housing, regardless of who manages it, is overseen...

by university policies. If its in the contract, you're out. Some may think this is purely heavy handedness, but many times its local town pressure to keep the school from competing with local slum lords. Campus housing is not the same as community housing and is allowed its own Draconian methods. In most of these contracts there will be wording regarding the requirement to be a student in good standing. If you've withdrawn, you are no longer a student.

All that said, at our university, in a circumstance like this, you'd prob be allowed to finish the semester; we need the money.

[Lethe]

6. they are just hurting themselves

I would have stayed until the end of December and kept on paying rent until then. Now there will just be an empty apartment and no one paying rent until the middle of January.

If I have to leave in 10 days then I will, but it seems like a a little more time would be courteous.

[flvegan]

15. Can you "un-withdraw" from college until you find another place?

Seems it would derail their making you leave.

[triguy46]

16. From an accounting point of view, the amount of rent income is probably immaterial.

Not enough for them to worry about. Sorry.

We're much more liberal. In fact, we have a section of campus apartments that is older, that I refer to as 'Divorceville' because of the number of university employees who move in for a short while after being kicked out of their home/marriage. Some have lived there for over a year.

[MrCoffee]

3. what does your contract say?

did they call you because you withdrew from classes? if you're required to be enrolled to live there, then there's probably nothing you can do.

[Lethe]

8. I don't even know where it is, to tell the truth.

I don't even remember signing one.

[kay1864]

11. Ask the management for a copy

Even a blank one is fine. They'll probably even show you the clause that says 10 days.

[Gormy Cuss]

4. Take a deep breath. What you were told is that in 11 days they will start the eviction process.

As flvegan wrote, that process takes time.

here's a good general description of the process:
http://realestate.findlaw.com/landlord/landlord-eviction/tenant-eviction-how.html

Right now find out who handles tenant/landlord conflicts in your area and talk to someone familiar both with the state and local law. Good luck.

[kay1864]

9. I don't think that's correct at all

As several have posted above, colleges have their own rules. And it makes sense that if you're not a student, you can't remain in on-campus housing.

I read the manager's statement as "you've got 10 days to get out".

[Gormy Cuss]

14. Note that I said to seek advice from a local group immediately.

Without knowing a)what the agreement says and b)what the governing laws are wherever the OP is, it's hard to say whether the manager's statement is enforceable.
The OP does need to get a copy of the agreement ASAP. A few phone calls with that document in hand and the OP would have a better handle on it.

[triguy46]

17. You're right. If you don't move out of ours, we empty the apartment...

move belongings to storage and you won't get your stuff till you pay for moving and storage. Its in the fine print.

[LeftyMom]

10. An eviction in your name would make renting another place very difficult.

If you can negotiate for a longer period to move out, that's not a bad idea, but if they're dead set about filing an eviction if you aren't out the door in ten, I'd call the Uhaul people and right now and plan on a long weekend.

Normally you'd need written notice to move out with whatever the period in your state is (in California it's 30 days) but I have no clue if the laws are different for student housing.

[DS1]

18. Burn it all down

[Lethe]

19. Thanks for the advice guys

I've been looking at houses all day. Hopefully I will get one this weekend and move my stuff next weekend. I'm looking forward to it, actually. Living in this apartment is getting old anyways.