Legal Question in Landlord & Tenant Law in California

evicted but still paying

my ex was in the hospital and missed his rent when he came home after being in the hospital for a month he was evicted. they were going to give him 30 day's but ended up giving him 3 months, and he's stil paying rent. he has been there 8 years and they have never painted or done anything thats been needed to done. should he still be

paying rent?


Asked on 11/10/03, 3:10 pm

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: evicted but still paying

If he still lives in the house and is paying rent, He has effectively created a new lease agreement after the fact of the eviction judgment. But there still is a judgment out there, which could be enforced with a writ of possession at any time. So, he has a problem. I think he should start looking for another place to live, just to be safe. In the meantime, he should continue to pay rent because this seems to be keeping the landlord away from enforcement of the judgment.

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Answered on 11/10/03, 4:46 pm

Re: evicted but still paying

If you are asking whether a landlord must paint an apartment after x number of years, the answer is no. Dirty paint does not make a unit uninhabitable. You didn't say what else needs to be done, so I can't comment on that.

Did the court stay the eviction judgment to give your ex more time to move out? If it did, and made payment of rent a condition for the stay, the judgment would still be good. The landlord would be entitled to have the sheriff move him out when the stay ends or when he stops paying rent.

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Answered on 11/10/03, 5:10 pm


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