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Landlord/Tenant

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angel1914

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

I was served with an eviction notice after being given an extension to pay rent. I informed the management co. that it would take me an additional 2 days. I paid the rent and on the same day I was served with the summons.

I have lived in my apartment for 12 years. The property was sold 01/2004 at which time long time residents were offered $15,000.00 on two separate occassions to move.

I answered the summons and have been deined the fee waiver. I have 10 days to deposit the cost of the fee. Is that 10 days from day of mailing or what? I have this months and will have Sept. ready for payment?

Question 1: regarding time to deposit fee waive.
Question 2: should I pay next months rent?
:confused:
 


south

Senior Member
The landlord does not have to give you 5 extra seconds to pay, you are behind on you rent he can serve you a 3-day Pay or Quit notice.

If he does not receive the rent in full by the third day on the notice he can file an eviction on the 4th day.

You being in the home for 12 years or 12 seconds makes no difference in court, if you owe rent you can be evicted.

The judge will ask one question which will be did you pay your rent within the 3-days YES or NO?



angel1914 said:
What is the name of your state? California.

I was served with an eviction notice after being given an extension to pay rent. I informed the management co. that it would take me an additional 2 days. I paid the rent and on the same day I was served with the summons.

I have lived in my apartment for 12 years. The property was sold 01/2004 at which time long time residents were offered $15,000.00 on two separate occassions to move.

I answered the summons and have been deined the fee waiver. I have 10 days to deposit the cost of the fee. Is that 10 days from day of mailing or what? I have this months and will have Sept. ready for payment?

Question 1: regarding time to deposit fee waive.
Question 2: should I pay next months rent?
:confused:
 

JETX

Senior Member
HOWEVER.....
If you are saying that you paid AND if the landlord accepted it, the eviction notice is waived.
Your choices:
1) Ask the landlord to drop the eviction (and confirm with the court), or
2) Simply show up at the courthouse at the time/day and show your proof of rent payment.

Of course, the first option will put the landlord on notice of your 'case' and, if he hasn't already deposited the rent, he can simply return it. In any case, since you presumably no longer have a term lease and are now a month-to-month (assumed it is unlikely you have a term lease after 12 YEARS!), the landlord can simply terminate your lease with a 30 day written notice.
 

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