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  1. #1
    aghani is offline Junior Member
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    60 day notice to leave apt.

    What is the name of your state?i live in california in an affordable housing complex. the other day my roommates and i received a notice that we would have to move within 60 days due to numerous late rent payments. i read our agreement and it says nothing about termination due to numerous late payments. is there anything i can do? i live in san jose, ca. and the apt. complex is called villa torre. if any one can give me some advice i would appreciate it. thanks andrew
  2. #2
    Happy Trails is offline Senior Member
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    Quote Originally Posted by aghani
    What is the name of your state?i live in california in an affordable housing complex. the other day my roommates and i received a notice that we would have to move within 60 days due to numerous late rent payments. i read our agreement and it says nothing about termination due to numerous late payments. is there anything i can do? i live in san jose, ca. and the apt. complex is called villa torre. if any one can give me some advice i would appreciate it. thanks andrew

    [url]http://www.dca.ca.gov/legal/landlordbook/terminations.htm[/url]
  3. #3
    Kyra_Eleison is offline Junior Member
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    Are you a month-to-month renter, or do you have a lease? If you're month-to-month, the landlord can give you 30 or 60 days' notice for virtually any reason at all. If you're in a set lease (6 months or a year, etc.) you may have a bit more protection, but I'm reasonably sure that a continual failure to pay the rent on time is, in fact, justifiable grounds for eviction. Your agreement may not specifically mention numerous late payments as grounds for eviction because when you moved in it was simply assumed (though wrongly, it seems) that you understood your obligation to uphold your end of the agreement by doing the single most crucial thing a tenant can do- paying the rent on time. I mean, that's like saying, "my college refused to give me my degree just because I never showed up to class. They didn't tell me at the beginning that I'd have to show up for class every day in order to get the degree." Some things are just understood. You want to get a degree, you have to go to class. You want to live in an apartment, you have to pay the rent. Why should that be spelled out for you? Shouldn't you already know this? Bottom line; you don't pay the rent on time, of course you can be evicted. If you're in low-income housing in San Jose CA, one of the most expensive places in the entire country to live, there must be hundreds of deserving families who would kill for a chance to be where you are.
  4. #4
    longneck is offline Member
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    Quote Originally Posted by Kyra_Eleison
    If you're in a set lease (6 months or a year, etc.) you may have a bit more protection, but I'm reasonably sure that a continual failure to pay the rent on time is, in fact, justifiable grounds for eviction.
    bzzzzt.... wrong. with a written lease agreement, the LL can only evict you if your are CURRENTLY behind on your rent. if you WERE behind on your rent, but you caught up on your payments or your LL accepted partial payment without also giving you notice that you are still behind on rent, then you can not be evicted.
  5. #5
    ENASNI is offline Senior Member
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    Quote Originally Posted by longneck
    bzzzzt.... wrong. with a written lease agreement, the LL can only evict you if your are CURRENTLY behind on your rent. if you WERE behind on your rent, but you caught up on your payments or your LL accepted partial payment without also giving you notice that you are still behind on rent, then you can not be evicted.
    bzzt wrong... we have not enough info from the original post but some of the other replys are right on. In Cali there is no need for a reason to be given for a 30 or 60 day notice IF the tenant is month to month.
    Longneck is correct if there is a lease, but methinks.. nah... this is not the case. I will give him a Jelly donut and a Mocha on the house if it is.

    The advice before stands. There is no reason to be given, just the notice. If rent was late he/she was glad not to get the 3 day notice.

    Shoot San Jose.. I went to High School up there.. I wonder if my high School reunion will do without me this year... I will NOT say how many years. /// sigh///
    [url]http://www.dca.ca.gov/legal/landlordbook/[/url]

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