What’s the best move?

[KtownTenant]

What is the name of name of your state? California.

Hi,

I got a 3 day pay or quit notice which expired today however 2 things:

First, the amount due is incorrect. I guess she included other charges besides rent. Secondly, my lease was up 2 years ago, this is a new management company that took over, I haven’t signed anything other than my original lease agreement which expired years ago. I am not sure how this plays into my situation, if at all.

I tried getting in communication with the manager trying to ask for an extension of time, that Friday I get paid and will for sure pay, but they haven’t replied. I’ve lived here for 4 years and have never had any issues. I totally understand being late is unacceptable. I am doing my best and even offered to pay for this month and next month ahead of time, on Friday, as a way for this to never happen again, but alas, no reply.

Also I want to add, the manager sent me an email last night stating if I don’t pay rent in full by end of today, they will move forward with the eviction process. If I pay on Friday, can the eviction process be stopped?

I will be super grateful if anyone with knowledge can help me make my next, best move. I’ve read a lot of information and it seems like the more I read and inform myself, the more confused I get.

Any advice or feedback is more than appreciated at this point as nothing is more valuable than a person with experience on this topic right now. Thank you for your time, I really do appreciate it!

- E. G.

 

[LdiJ]

What is the name of name of your state? California.

Hi,

I got a 3 day pay or quit notice which expired today however 2 things:

First, the amount due is incorrect. I guess she included other charges besides rent. Secondly, my lease was up 2 years ago, this is a new management company that took over, I haven’t signed anything other than my original lease agreement which expired years ago. I am not sure how this plays into my situation, if at all.

I tried getting in communication with the manager trying to ask for an extension of time, that Friday I get paid and will for sure pay, but they haven’t replied. I’ve lived here for 4 years and have never had any issues. I totally understand being late is unacceptable. I am doing my best and even offered to pay for this month and next month ahead of time, on Friday, as a way for this to never happen again, but alas, no reply.

Also I want to add, the manager sent me an email last night stating if I don’t pay rent in full by end of today, they will move forward with the eviction process. If I pay on Friday, can the eviction process be stopped?

I will be super grateful if anyone with knowledge can help me make my next, best move. I’ve read a lot of information and it seems like the more I read and inform myself, the more confused I get.

Any advice or feedback is more than appreciated at this point as nothing is more valuable than a person with experience on this topic right now. Thank you for your time, I really do appreciate it!

- E. G.

If you pay on Friday they CAN accept your rent and stop the eviction process, OR, they can refuse to accept your rent and carry on with the eviction process.

 

[Zigner]

If you pay on Friday they CAN accept your rent and stop the eviction process, OR, they can refuse to accept your rent and carry on with the eviction process.

If the rent amount is actually incorrect on the notice, then it's defective and the LL will need to start over.
ETA: What that means is that if the LL serves a notice today and the OP pays Friday, then there can't be an eviction.

 

[LdiJ]

If the rent amount is actually incorrect on the notice, then it's defective and the LL will need to start over.
ETA: What that means is that if the LL serves a notice today and the OP pays Friday, then there can't be an eviction.

I suspect its right...I suspect it includes late charges.

 

[Zigner]

I suspect its right...I suspect it includes late charges.

If the amount includes anything called "late fees", then it is defective. That's the way we roll in CA. The lease document itself would have to be very carefully worded in its treatment of late fees to even have a chance of allowing them to be included on a 3-day notice to pay rent or quit.

This self-help reference from a court in CA explains the matter in general terms:

http://www.scscourt.org/self_help/civil/ud/ud_before.shtml#payrent

 

[KtownTenant]

The main manger emailed me back today, finally, saying the rent is needed asap! I feel the urgency and again, I know they don’t owe me a thing and it’s on me. I told them the soonest is Friday.

That said, they really did screw up the 3 day pay or quit. Let’s say my rent every month is $2000-, the notice demands $2439.78. Every single month for last 4 years I pay $2000. I haven’t even asked yet why the dramatic increase and for a break down. Also, my lease includes all utilities. Now this new management company is trying to bill us tenants with some new bogus bill from independent company for water and trash. We don’t even have meters for the water. Some tenants went and fought it and won pretty easily. My question is this, to buy some extra time, should I tell the manager that she messed up on the 3 day notice? For me to let her know it’s ineffective by California law? Then she will know I am educated on a thing or two re tenant rights. Or should I not be a smart ass?

Fast forward to Friday and before I pay, should I make sure that will end the eviction process?

 

[reenzz]

Since you are no longer protected under a fixed term lease, they could easily just give you a 60 day notice to vacate. I would skip saying anything snarkly when dealing with this landlord.