Legal Question in Civil Litigation in California

Being consistently late is grounds for eviction regardless of whether you are current on rent or not. Landlords cannot, however, evict you for one or rare occasional lates. You don't specify which situation your are in. Landlords are not obligated to treat all tenants the same unless the difference is based on a protected classification, such as race. If she has two tenants with problems paying rent who she has the right to evict, she is free to choose which one she wants to evict to free up an apartment for someone else.

Did you pay in full and on time? If not, you are in breach of lease and can be evicted by him following proper notice process.

If you paid the rent within the three-day "pay or quit" period contained in a written notice, that is a perfect defense to the eviction lawsuit based on that three-day notice. If the landlord gave you a 30-day (or longer) notice and you don't have a rental agreement for a longer time, the landlord might be within her rights to evict you.