ok my friend owes some rent and it will all be payed off by january but the landlord has asked that person to leave the premises with written notice by then. but if the rent and outstanding rent is payed by then and nothing is owed and the tennant is on top of their rent. then the landlord /landlady cant go ahead and evict her can they?
2006-09-18 12:32:19 · 22 answers · asked by emily 1 in Politics & Government ➔ Law & Ethics
this person is in l.a ca.and the lease is month to month im thinking of in terms of january once nothing is no longer owed,can they file eviction proceedings?.im thinking the landlord would have no case anymore cos nothing will be outstanding by then.?
2006-09-18 12:42:55 · update #1
so from one of the answers from san diego? here it seems if the person pays all rent now and outstanding by january then the person can stay.a landlord cant evict surely if there is no rent owed at the time of filing an eviction.
2006-09-18 13:10:59 · update #2
All of the information can be found in the lease. Most apartments in California use a standard lease. In that lease it states a due date for the rent and when that rent is considered late. Once the rent is late the land lord must serve a 3 day, or 30 day notice to pay or quit. If you pay the rent and any late fees by that time then you can stay. If you don't then the land lord has the right to refuse rent payment and pursue eviction. The best option is to pay or leave by the time in the notice. Cut your losses because once an eviction is on your credit report you will not be able to rent at most places in California for LIFE! Also, loosing an eviction battle also causes you to have to pay the landlords legal fees as well as any back rent and late fees. The land lord may be using this opportunity to evict the tenant, but it is his or her right.
2006-09-18 13:01:12 · answer #1 · answered by Mega_Areee 2 · 0⤊ 0⤋
Don't know what state you are in, but they can evict because of default on lease agreement. That is delinquent payment. No matter if she pays or not, that is owed to the landlord anyways and she most likely would have to pay any past rent due the landlord. So...she needs to either go to landlord and beg for mercy or start looking for a place to live. Seeming how she was just sent a letter of intent, no action taken yet...she most likely will be able to resolve this with bring her rent up to date and keeping it that way from here on out.
2006-09-18 12:39:33 · answer #2 · answered by kickinupfunf 6 · 0⤊ 0⤋
Yes they can still be evicted. Ultimately even if the rent is paid and if the landlord has given an eviction notice, the renter has to leave. It is their property and they can choose to terminate the contract at any time with the renter as long as they are given advance notice and a predertmined time to leave. If your friend arranged ahead of time with the landlord ahead of time and agreed to pay the rent when possible, then maybe they could have stayed. When in doubt, consult a legal service.
2006-09-18 12:41:30 · answer #3 · answered by kevin T 3 · 0⤊ 0⤋
How many months back is your friend on the rent? If it's pretty late then I believe the landlord only has to give 30 days written notice and can evict. Even though the rent may be paid by then, it's not paid now. It sucks, but it's legal.
2006-09-18 12:35:44 · answer #4 · answered by Anonymous · 1⤊ 0⤋
She'd have to see what the terms of her lease were, as written in the lease she signed.
If she didnt have a written lease, that's called "month to month tenancy" and the landlord only has to give her 30 days notice to quit (remove herself from the premises).
I've served 5 day, 10 day and 30 day notices to quit and have had to sue tenants and remove them forcibly. I've also worked with tenants who have owed me money and had fallen on hard times. It depends on the landlord, the tenant, the lease and whichever way the wind is blowing that day.
2006-09-18 12:35:52 · answer #5 · answered by Munya Says: DUH! 7 · 1⤊ 0⤋
If they pay money and the landlord accepts it in most states the eviction is null n void,, but it has to be paid before the eviction notice time is up and i dont know anyone who gives 4 months.
2006-09-18 12:35:03 · answer #6 · answered by blwatson41 3 · 0⤊ 0⤋
It really depends on her lease. Depending on how the lease is written I'm willing to bet that no matter how soon she gets the rent caught up they can legally evict her because they've already given her a written notice.
2006-09-18 12:34:41 · answer #7 · answered by Lefty Lucy 2 · 0⤊ 0⤋
if the landlord has give the proper notice period then nothing that can be done, the outstanding rent will still need to be paid, the landlord may take her to small claims court to recover this
2006-09-18 12:35:10 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I would have to see the contract/lease that was signed. In some cases YES. In other cases proably not. Although there has been a written notice provided so I would say even in the second type of case it could still be demanded.
2006-09-18 12:37:10 · answer #9 · answered by Anonymous · 0⤊ 0⤋
If the tenant owes money right now, the landlord can evict them.
2006-09-18 12:34:32 · answer #10 · answered by Anonymous · 0⤊ 0⤋