can my landlord cancel my lease if Ive paid my rent late two months in a row? does anyone know what the law is in california regarding evictions, even if ive paid my rent and it was just late???
2007-10-31 13:11:23 · 11 answers · asked by Ð. Flø§§... 2 in Business & Finance ➔ Renting & Real Estate
it depends what is on the lease. read it.
2007-10-31 13:15:07 · answer #1 · answered by george 2 6 · 1⤊ 1⤋
Reread your lease. If there is a clause in there that says he can cancel after late payments, then his argument is valid. I personally think that it is stupid, especially if he/she accepted the money.
Under normal circumstances, the landlord can opt out of renewing your lease, so you would have no other choice but to leave once your lease is up. You should look online very hard to find California eviction laws. Is there a legal aide 800 number in California? If so, it should be found under government listings in your phone book.
You should definately look into this further. If what your landlord is doing is valid, you want to make sure you read future leases in detail so that you don't have surprises like this again.
Start looking for a new place now just in case he can throw you out. Hopefully, you don't have court. If you do, get a new landlord now (before court) so he won't see the judgement on your credit.
2007-10-31 16:48:52 · answer #2 · answered by _nicole_ 4 · 0⤊ 0⤋
Read your lease. Look up the landlord tenant act for California.
Law varies from State to State but the landlord probably has a right to evict you if you have not paid on time. You have broken the conditions of the lease.
2007-10-31 13:21:11 · answer #3 · answered by Othniel 6 · 1⤊ 0⤋
The first thing you need to read is your lease. California Tenant Landlord law will not spell out whether or not your LL can cancel your lease for paying late. Your lease will however. You need to read it and look to see where it might mention that the landlord can terminate your lease after several late payments. Most Landlords will not cancel the lease mid-lease they will choose to not renew the lease at lease end due to not paying timely. Basically the landlord just has to give you sufficient notice in writing, you will need to respond in writing where you want your security deposit mailed to, be sure to do a final walk thru and get the final walkthru in writing to make sure they don't come back and charge you for something that wasn't on the walk thru paperwork. You should go down and try to talk to the landlord into letting you stay if you promise to pay timely from now on.
If you want to look up tenant landlord law for CA, just google it.
2007-10-31 13:19:12 · answer #4 · answered by Weimaraner Mom 7 · 0⤊ 0⤋
When I was remodeling a house last year, my wife and I had to rent a condo in a big complex for 6 months. I remember that one of the terms of the lease was that, if we had even one late rent payment, they could break the lease and evict us.
Read your contract. The answer to your question is in there.
2007-10-31 13:56:28 · answer #5 · answered by Paul in San Diego 7 · 0⤊ 0⤋
Does your lease specify that you must pay in advance? If it does, you are breaking the terms of the lease so she can cancell the lease on these grounds.
It would be rude of her to do so as you caught up, she should give you 3 times before penalising you. If she does try to kick you out, explain that you wont do it again and maybe sign something saying if you are late again you will leave immediately. That may convice her to let you stay
2007-10-31 15:47:34 · answer #6 · answered by Anonymous · 0⤊ 0⤋
you broke the lease, yes he can accept the rent and start an eviction.
dont confuse the 3 day notice to vacate with a eviction. the 3 day notice is required (in ohio anyway) to even initiate a eviction so they are sent when rent is late.
2007-10-31 15:19:19 · answer #7 · answered by wareagle30 2 · 0⤊ 0⤋
First, if the landlord accepted your rent, you can't be evicted.
Depending on the terms of your lease, she may be able to cancel it though. If she does have the right to terminate the lease before it's end, it will usually have to be with 30 days notice. Read your lease carefully to determine if she has the right to void the remaining term for late payment of rent.
2007-10-31 13:18:02 · answer #8 · answered by Brian G 6 · 2⤊ 2⤋
I'm in the UK so maybe our rules are different. Check your lease, but i'm pretty sure that he is well within his rights if you're two months in a row late in paying. Sorry :-(
2007-10-31 13:28:17 · answer #9 · answered by . 7 · 0⤊ 0⤋
I know in California he is required to give you 30 days notice on an eviction
2007-10-31 14:34:07 · answer #10 · answered by Sammy&Pete 3 · 0⤊ 1⤋
failure to remain current on your rent payments has violates your lease contract. Yes he can give you notice of eviction.
2007-10-31 13:21:45 · answer #11 · answered by Jan Luv 7 · 1⤊ 0⤋