I have just been given a three day notice,and the problem is that i pay rent on the 25th and he has included this months rent and it is not yet the 25th.What should i do?Also he is saying that i have three days to pay if not i will get another notice.I said a 30 or 60 day cause we have been livig here for over two years.He said NO 5 days then a cop will remove us.Is that true.We live in California Please Help.I need advise.
2007-07-18 12:19:47 · 9 answers · asked by daddyof4 1 in Politics & Government ➔ Law & Ethics
A lot depends on where in Ca. you live, because the laws vary from city to city and even from neighborhood to neighborhood, or are dependent on how old your building is.
Your landlord cannot ask for rent before it is due. You have 3 days to pay the overdue amount or he can refuse it in the future and begin eviction proceedings. You will get a notice of eviction and a court date to fight it if you wish. Only after the court date will the eviction be executed and the cops will come and lock you out. You would be told what date to get out by. Pay your rent right away, and if he tries not to accept it, photocopy the check and send it registered mail, return receipt requested. This is your proof of payment, even if your landlord refuses the mail.
Sounds like he's trying to get you out illegally. Whatever you do, show up for the court date if you get one, and don't take any crap from your ll! Search the rental laws, building codes and rent control laws for your area. E-mail the county clerk in your city and make sure the taxes are current on your apartment, and that your landlord has a certificate of occupancy for your unit. It is illegal to collect rent without one, and very few landlords actually bother to get them, because tenants don't know about them. This kind of thing could save your butt in an eviction. Also, call the building inspector on anything and everything because if the conditions are sub-code, you could be within your rights to withold rent.
Also, remind your ll that your security deposit should have been placed in a savings account when you moved in and the principle and all the interest is due you.
Let your ll know you're not stupid or afraid of him. Tell him you are counter suing for these or any other violations you can find. At the very least, if you are a big enough pain and know the little laws like these, you could get out of your lease without an eviction on your record. Make sure you get that in writing, though!
Good Luck!
2007-07-18 12:41:44 · answer #1 · answered by meowmeowkitty 3 · 0⤊ 0⤋
You have until the 8th. This is a legal thing they need to do to get you to pay. If you promised to pay on the 8th and then didn't, they would then have to file the 3 day notice taking it until the 11th. Being late a number of times could cause you to be evicted. It can also affect your ability to rent an apt in the future. Most landlords will contact your current and past landlords to see your history. How would you like it if the landlord was supposed to provide you with heat/water/etc on the first but didn't get around to it until the 8th? It is called mutual respect.
2016-05-17 04:37:57 · answer #2 · answered by hope 3 · 0⤊ 0⤋
No it is not true.
He can't kick you out or give you a notice to quit if you owe no money, but it sounds like you do!
His next option is to file for a notice to quit in court, which can be challenged if you file an appearance and show up!
He may be able to evict you eventually if you have violated the lease, but not before court!
Check the lease. Some thing contained in them run counter to law!
And their is nothing in the law that allows him to ask for more of a deposit after a lease.
Under the law, the most they can ask you for is a deposit equal to one months rent, and last months rent. Under the law they are not entitled to anything else! And during a lease they are not entitled to anything other that what was required when you signed it!
2007-07-18 12:28:54 · answer #3 · answered by cantcu 7 · 1⤊ 0⤋
The lease part of your question is a little confusing, but as for if you don't pay the police puting your things out is a lie even in cali. Your landlord must first go to court and get a court oder to have you evicted. And even then the judge will give you 30 days or more depending on the circumstances.
2007-07-18 12:31:27 · answer #4 · answered by Toolegit 5 · 0⤊ 0⤋
A notice to pay or quit is for unpaid back rent. Since you have violated that agreement, he may require next month as well... though I doubt you'd see the cops if you just pay the overdue portion.
There is no requirement to give you 30 days... by not paying rent you gave notice.
Your payment history indicates you do not intend to honor your agreement and so can expect to be out soon.
2007-07-18 12:28:15 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Yes, that's true.
California has really tough rental laws. If you don't pay up or move, the cops will remove you and your belongings in 5 days and send you the bill for their time.
2007-07-18 12:53:00 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Rent is normally due on the 1st, not the 25th. Even if he has let you be late before he is not obligated to continue allowing you to be nearly a month late. You have 3 days to either move or pay.
2007-07-18 12:23:39 · answer #7 · answered by davidmi711 7 · 0⤊ 2⤋
Read your lease. And if you don't have one, well, you're pretty much at the landlord's mercy. But look in the phone book for tenant's rights. At least here in Florida, tenants have more rights than they may realize.
2007-07-18 12:23:43 · answer #8 · answered by Stimpy 7 · 0⤊ 0⤋
It's true.
You'd better borrow from somewhere......even some check and go type place to get the cash.
Otherwise you're out.
2007-07-18 12:25:08 · answer #9 · answered by Atavacron 5 · 0⤊ 0⤋