Legal Question in Landlord & Tenant Law in California

A couple weeks late

I have lived in my rental home for 3 years, but have been recently been a couple weeks late of rent (but have paid it all). The now retired landlord is harrassing me of the two weeks late of rent, which never was an issue, but now he despartely needs $$...does he have a right to give me 30 days or 60 days to vacate?

He has also left me red roses and Victoria Secret gift card at separate times for pet-sitting...is this discrimination? He lives in the back unit/house, and shows up when I come home, leave home, and/or work around the home...(sexual) harrassment violation?


Asked on 1/17/08, 10:27 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: A couple weeks late

Follow Mr. Shers' advice!

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Answered on 1/21/08, 3:17 pm
George Shers Law Offices of Georges H. Shers

Re: A couple weeks late

If you are current in what you owe for rent you can not be evicted for failure to pay rent. It is very questionable if the flat dollar charge all landlords have in their leases will hold up as unless it states it is a figure the two of you came up with as reasonable compensation for the rent being late, technically he can only charge for what it actually cost him because of the lateness.

If you do not live in a rent control city, the landlord can give you a 30 or 60 days notice at the end of the lease. I do not see how his giving you gifts is discrimination against you; you need to have more evidence to make any claim of sexual harassment.

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Answered on 1/19/08, 8:45 pm


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