How can a landlord tell you to move without a eviction notice, but with a letter that state you said you was moving?
As most folks identified, the answer will certainly depend on your jurisdiction, and whether your apartment is subject to any form of rent control. Most states, particularly California, have strict requirements whereby a landlord must provide the tenant a notice terminating the tenancy, and cannot just send the tenant a letter.In terms of a situation where you may have indicated that you were giving notice of termination of the tenancy, but then changed your mind, there are a number of issues to consider. First, did you state that you were moving in writing? Did you actually make such a statement? Did you identify why (for example, if you said you were moving because the conditions were terrible, your rights are very different that if you said you were going to move because of, say, a new job out of state)? Second, did you take any action to rescind the notice to terminate the tenancy? For example, if you sent an email saying that you were considering moving, but then sent an email saying that things changed, you may have grounds to assert that your notice was rescinded. Third, if you are covered by rent control or anything requiring “just cause” or “good cause” to terminate the tenancy (such as most forms of subsidized housing), rescission of a notice to terminate is generally not a valid reason to evict, and the landlord could not evict you on that basis.Lastly, I would encourage you to think about your goals here. Do you want to stay in this place? Have you looked into other places and can you afford to move? If you are under rent control, definitely consider how you may lose affordable rent forever and, if you do not find a rent-controlled apartment, what seems affordable right not may not be affordable in a year when the landlord raises the rent $500. It is not a fun process to go through an eviction and fight your landlord, but, when faced with the choice of a place that is affordable and homelessness, it is worth the fight. On the other hand, having an eviction on one’s record makes it very difficult to find replacement housing, so it is important to do what you can to either win the case, or settle the case in a way that keeps the record sealed.I cannot give you legal advice, but it is always a good idea to document everything and you may want to send your landlord a letter formally rescinding the notice to vacate. Then, unfortunately, your best course of action is to just wait and see if the landlord tries to evict you through the formal processes required in your jurisdiction. If you receive any notices from your landlord, contact an attorney immediately! Eviction cases go fast and have very tight deadlines (for example, in California, you must file a response to an eviction complaint within 5 days), so make sure that you act fast to protect your interests.Legal aid organizations and other nonprofits, as well as your local bar association, are all good places to start and to get referrals to attorneys who handle these sort of cases. If you are in Southern California, feel free to contact BASTA, Inc., Southern California’s largest tenants rights law firm, and we will be happy to discuss your case and help you evaluate your options.Best of luck and remember to document everything!