my landlord gave me a 30 day notice on august 1st to pay all late fees plus the rent for august. She then later turned around and served me with an eviction on the 18th of the month. Dosen't she have to wait until the 30 days are up? She even has denied my rent and my late fees and i paid it on the 31st she sent it back to me in the mail.
2006-09-19 08:04:41 · 8 answers · asked by LYDIA B 1 in Politics & Government ➔ Law & Ethics
It doesnt sound like your landlord has done what is legally acceptable in an eviction. First, you should have been served with a 3 day notice to pay rent or quit. Next, you should have been issued an unlawful retainer from the court. Next would come the eviction notice also issued by the court. A landlord can evict you for any reason at all. Their not accepting your rent doesnt make sense at all since it was within the period specified. I would talk to your local court or district attorney office about the illegality of this.
2006-09-19 08:14:47 · answer #1 · answered by diaryofamadblackman 4 · 1⤊ 0⤋
It depends on the laws of the State. However, if you tendered (paid or tried to pay) the past due rent and all penalties and fees IN FULL before the original time frame ended (and have proof), you may have a defense to the eviction action.
If you didn't pay everything, or paid late (even a day late), the landlord doesn't have to accept it and you're pretty much done.
2006-09-19 11:27:14 · answer #2 · answered by Lieberman 4 · 0⤊ 0⤋
Take all the money you owe her to court with you. Keep the envelope she sent the rent back to you in on the 31st.
She can evict you, but you may not owe her any more money, and if the judge finds her in violation of the terms of any written lease, the landlord may owe you money.
The judge will not force the landlord to let you stay in her dwelling (property owners do have rights, you know), but the judge can award you additional time or money damages if he or she wants.
2006-09-19 08:12:28 · answer #3 · answered by ? 7 · 0⤊ 0⤋
I don't believe the landlord can evict you for late fees only for nonpayment of rent but you don't have to leave the house until a judge gives you a date to do so
2006-09-19 08:59:40 · answer #4 · answered by maphiaangel 1 · 0⤊ 0⤋
Its sounds like you dont have a lease.
The 30 day notice may be to end your tenancy.
IF you have a lease and you go to court, they will permit you to pay the back rent and stay
GOOD LUCK
2006-09-19 08:07:20 · answer #5 · answered by Anonymous · 0⤊ 0⤋
30 day comes 1st. then your eviction
2006-09-19 08:07:44 · answer #6 · answered by JORDANTAYLOR1 1 · 0⤊ 0⤋
she has started the process,, can't stop her
2006-09-19 08:07:39 · answer #7 · answered by Anonymous · 0⤊ 0⤋
SURE
2006-09-19 08:06:50 · answer #8 · answered by Anonymous · 0⤊ 1⤋