if you haven't yet paid the months rent (paid portion of it), can your landlord take you to court for that?

Question

I have always paid my rent but this month I havent yet paid. I get this letter from this ***** saying that I have to pay the full amount by tomorrow or she will set a court date. can she take me to court even though I have already paid 1/3 of the rent already ? What the court can do to me ?

Answer 1

The landlord can post for eviction the minute your rent is late.

Answer 2

Yes she can take you to court for the rent no matter how much you still owe. Read your lease, I'm sure that there is something in there regarding non payment or partial payment. And as far as what the court can do to you, they can evict you, sometimes giving you only a few days to move. So I would get the rest of your rent paid or talk to your landlord before she files. Most of the time the courts will also make you pay the filing fee that she will incur due to the law suit.

Answer 3

technically yes but it is probably a scare tactic. And if you do pay in full before the court date the judge will most likely be pissed at the landlord for wasting the courts time. And evictions take MONTHS to enforce so most courts wont mess with cases that are less than a month old. Just tell your landlord your situation and tell them when you will be able to pay them.

Answer 4

you can take anyone to court for anything. file an "order to show cause". however, in California, they go and file a 3 day quit or pay order, after the 3day notice the landlord files for eviction, giving you like 7 days to file an answer. if you do then a court date would be set. you can effectively go 2 months before the sheriff shows up at the door to escort you out and return possession to the landlord. check out nolo press, tenant rights.

Answer 5

while you're on the hire...you will desire to pay till the hire is up. deliver a letter to the owner pointing out that as quickly as the hire expires you isn't renewing. The utilities count on how they have been set up. in the event that they are in the two your names...you owe 0.5 (you ought to show to previous roommate which you at the instant are not utilising the utilities so which you mustn't pay)...in the event that they are on your call only, get your call off and roommates on.the main significant subject is you do no longer decide to wreck your credit for below 4 months well worth of hire/utilities, when you consider which will stick to you longer than 4 months. stable luck!

Answer 6

unless you have a damaged essential in your apartment (like a toilet that does not work) and you've given the landlord notification and a reasonable time to make the repair and he has either refused or not arrived then you cannot hold back your rent.

If you get dragged into court perhaps you want to claim something like this, though I don't recommend lying.

Answer 7

She can take you to court, and set a date, but nothing will happen. The law won't let her ick you out without sufficient time to find another place to live. Basically, the law favors renters, and not land lords.

Answer 8

You gotta pay it all, that's the agreement you signed when you got it.
They can give you 30 days to vacate.You can stretch it out for about 90 days. But, I say pay it and avoid the whole thing.

Answer 9

I would reread my lease if I were you, but if there is a good reason for falling behind you should have had the courtesy to talk to her before it came to a court date so this is pretty much your fault.

Answer 10

yes.

court can order that you pay the past-due rent or can permit the landlord to evict you.