Unlawful detainer

[kgrisham]

Im in California. I live in subsidized housing and have lived here in these apartments for a year and a half. When i moved in they knew my income to pay my rent was my GI Education Bill from when i was in the Army...The times my rent has been late to the point where they call me, I have informed them its because i have not received my money from the VA yet, each time they asked i provided either a letter or website i log into where they can confirm. The last couple of months there was a big mix up at the VA and their payments which they expressed on their website, I told the leasing manager and she allowed me a little extra time, i told her the money should be in in the time allowed, as it usually is, this time it was not because the college messed up on their paperwork, completely out of my control, they served me with an unlawful detainer today,and i am so lost, i have no where to go i need advice.

 

[Banned_Princess]

You need to beg to borrow that money somewhere, because no matter what they "knew" about how you were paying your rent, they still deserve it ontime.

Basically your defense will be paying it before court, and hoping the management accepts the rent. Because they dont have to, and you could be evicted.

 

[CourtClerk]

The fact is that the landlord may not want you in their property anymore because you can't make your financial problems, theirs. They have bills to pay too.

You have 5 days to answer the complaint. That time starts tomorrow, so have your answer into the courthouse by Friday. The cost to file a response is $205. If you don't have the money, you can ask for a waiver. You don't sound as if you have a defense to the lawsuit, but you can explain anything you want.

 

[CourtClerk]

Basically your defense will be paying it before court

That's not an affirmative defense per the UD answer form. What WOULD be a defense is attempting to pay PRIOR to the expiration of the notice.

 

[Banned_Princess]

That's not an affirmative defense per the UD answer form. What WOULD be a defense is attempting to pay PRIOR to the expiration of the notice.

Did he already get the notice at this point in CA?

And if they accept the rent, at this point they can still have him evicted?

 

[CourtClerk]

Did he already get the notice at this point in CA?

This is why you shouldn't be answering questions when you don't know the answer. You MUST GIVE NOTICE before a UD can be filed, so if the UD was filed, then he's already gotten notice.

And if they accept the rent, at this point they can still have him evicted?

If the plaintiff in the action has an attorney, you can believe the attorney is not accepting payment with out restitution of the property first.

 

[DeenaCA]

What kind of subsidized housing is it? The rules are different for the various programs.

In very general terms, subsidized housing providers may accept a repayment plan from a tenant who was unable to pay due to circumstances beyond his/her control. Subsidized housing is a government-funded assistance program rather than a for-profit enterprise.

OP, before you received the unlawful detainer notice, did you receive something like a "notice of termination of tenancy"? That notice should have instructions for filing an appeal or grievance. File one. You're probably entitled to an administrative hearing before eviction.