Question:

Landlord Issue (California - eviction)

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landlord sending me eviction notice because I didn't pay rent on 1st (made arrangements to pay rent by 15th or before), due to financial hardship (left them voice message and sent them e-mail (re: issue). Eviction is only for me (not my roommate who my sister - landlord and her have know each other for many years). Left keys at property; moved out. Always paid my rent on time;.

what should i do.

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5 ANSWERS


  1. The rent was due when the rent was due.

    It may sound hard, but your problems should not become theirs. Landlords have expenses as well and need the payments on time so that they can cover their expenses.

    Although it sounds a bit tough if this was the first time you were late, they still have the right to evict you if you do not pay on time.

    Start looking for another place.


  2. You need to research the California eviction law.  When you did not pay rent as scheduled in lease agreement the landlord in most states must give you a 5 or 10 day notice.  He or she can eviction notice if money is not payed or if money is paid and landlord simply wants to end your lease.  You should have attended court as scheduled so that the judge could hear your side of the dispute.  You moved too soon when you returned keys to apartment.  In the future or just for future reference research your states Tenant's rights policies.

  3. Sorry Dude but you gotta pay your rent on time unless there's a provision in the lease that allows you to skip payment and allows the landlord to fine you X number of dollars a day for missed payment. Law is clear - pay your rent or get evicted.  

  4. Leaving a voice mail and email is NOT making arrangements to be late with rent.

    As long as you no longer owe him any money and are gone you have nothing else to do.

  5. Based on what you are saying you were either staying with your sister or "renting" a property of hers that she may own. Well, evictions are tricky in California. If there is a lease that was drafted by the "landlord" (your sister) then it should state on the actual lease what the conditions are for " Late payment of rent". If there was no official lease on record and the rental agreement was simply a verbal "promise to pay on time" than you would have more room to work with. A landlord can issue a tenant, who fails/late to pay the rent, either a 30 day eviction notice or 3 day notice. Typically, the 30 day notice is utilized more so than the 3 day notice. The 3 day notice are for instances where a tenant has not payed the rent at all for a few months together; and the land lord wants the individual (s) out for such. Just because someone is late once does not constitute an eviction if the agreement is not stated on the lease or if it was a verbal agreement made by the landlord and tenant. It sounds like there was no actual lease drafted between your sister, the roommate and yourself. As long as you were receiving mail, addressed in your name, at the place you were renting from, lease or not, you cannot get kicked out by the owner/landlord "just like that". An official 30 day eviction notice must be given to the individual. Also, if you claim that you were never late before, than you should have a receipt from your sister from all the rent you paid on time. Again, if you do not have "receipts" as proof of paying rent, it makes it more difficult to substantiate that you were never "late" with payment of rent" before. Chalk this up as a learning experience and the next time you pay rent to anyone, family member or not, make sure you get proof of payment via a receipt, money order or copy of the check. A paper trail will always back you up.    

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