tenant tele landlord after 13 days and was referred to the property manager who said pay or quit by 3rd day. Does the landlord have the obligation to talk with the tenant? What rights does the tenant have for failing to pay rent on a lease agreement? If tenant goes to court isn't tenant in violation of lease to pay regardless of minor differances between him and landlord? Please advise
2006-09-14 15:16:02 · 5 answers · asked by d s 4 in Politics & Government ➔ Law & Ethics
i saw this question earlier , you need to start packing , if there is a landlord and a property manager it is probably a big company and they know what they are doing . let me give you the bottom line , if you are not out in 3 days the cops will take you out , then if you have children they will take them to for being an unfit parent due to not paying rent , tenant has no rights after breaking lease , which is what happened if you are that late , once you break lease you are in default and up for eviction , usually they will come in and put the eviction letter on your counter or something which in court is just as good as a certified letter . i used to be a property manager , let me tell you the concept behind evictions - if they can't pay rent they can't afford a lawyer , and if they do go to a lawyer there is nothing they can do anyhow , everything is in your lease , you need to start packing
2006-09-14 15:28:38 · answer #1 · answered by Anonymous · 2⤊ 1⤋
I don't know if you mean Los Angeles or Louisiana, but I will give an answer based on my experience as an attorney in California.
Eviction lawsuits are generally very fast, so courts will usually require strict compliance with the procedural standards. The 3-Day Notice is required in order to give the tenant the opportunity to cure the default. If the tenant pays within the 3-day period, the default is cured and the lease is not forfeited.
Personality differences is not a legal reason to avoid paying rent.
The only issue is the failure to pay. If the tenant tendered the money within the 3-day period and the landlord refused, the tenant wins and the landlord must take the money.
2006-09-14 23:46:27 · answer #2 · answered by Carl 7 · 2⤊ 0⤋
Here is the thing. In varies from situation to situation. You need to read your rental agreement thoroughly. Some agreements say that they can wait three days some say ten. In any event yes, they can evict you for not paying within the limit that is set in your rental agreement. After that you are alotted time to get out of the building if you do not chose to pay for the rent, it is usually 30 days for an eviction like that but you need to look at your rental agreement. That agreement should also tell you whether you will be subject to go to court to dispute the matter, in which case you probably will not go to court. The landlord will probably file a claim with the small claims department. In this case there will be a mediation where you will have to agree to pay the money that you owe the landlord. If you do not pay within a certain amount of time after the mediation then you will be sent to court and a subpeona will be sent to you. A process like this can take years, but the only thing that you have that is going to give you the answers to the questions that you ask is your rental agreement. Not only that, but in your rental agreement there should be a way to get an extension on your rent. Usually it is a hand written letter to the landlord explaining the situation and asking for an extension.
2006-09-15 00:13:27 · answer #3 · answered by Natty137 3 · 0⤊ 0⤋
If by "LA" you mean Louisiana, you need to go to court. In cases where the dispute is regarding failure to pay rent, if you don't go, you WILL be served with an immediate eviction notice. In that state, they come in two forms, either the 5-day or the 10-day eviction notice. That's hardly enough time to take a squat, much less move. They only have to give you 24 hours notice that your case will appear as a legal hearing. Be ready to appear.
If you do an internet search, you will find that I am accurate in my portrayal of the situation. In Louisiana, the tenant is essentially at the mercy of the landlord. It's a backwards system, but it is doubtful there will be any changes any time soon.
If you skipped your hearing, you can be kicked out immediately. If that's what's happening -- if you skipped the court hearing -- you have no rights and are subject to expulsion from your home with 24 hours warning by a constable or sheriff. It's crazy, but if that's what is happening, you need to pack what you value most and start moving right now, or you could lose your things.
I'm sorry to hear about your situation. :-(
2006-09-14 22:31:58 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If the rent isn't paid by the 10th of the month you either talk with your landlord or they have the right to evit you & yes you'll have 2 pay what U owe him.Good Luck
2006-09-14 22:24:40 · answer #5 · answered by sugarbdp1 6 · 0⤊ 1⤋