Legal Question in Landlord & Tenant Law in California

Evicted For Unlawful Detainer Cost??

My State is California.

I was late with my rent for May and was served an unlawful detainer. Later I paid my rent in full plus late fees. The property management folks said in order to stop the eviction process, I had to pay $570 for the detainer cost. (they call this ''buy-out of eviction process''). We signed an agreement to pay $285 on May 31 and $285 on June 15 to cover the cost. The agreement also states that they will NOT ACCEPT late payments of the detainer buy-out installment agreement.

Well, now June's rent is due and I can't pay both the rent and the detainer installment of $285.

My 1st question: Can they evict me even though I pay the FULL rent for June on time, but can't pay the detainer cost of $285 until June 15th? (the property management folks are VERY unfriendly and unpersonable)

My 2nd question: Should I pay the detainer installment agreement of $285 to show good-faith and pay at least 90% of my rent now? I can't borrow 10%

My only problem with #2 question is that if full rent is not paid by the 3rd, the property mgmt folks automatically serves the 3-day pay or quit notice and on the 7th day serves the summons. They are so unreasonable on this. They say it's their policy to protect themselves.


Asked on 5/30/05, 11:16 am

1 Answer from Attorneys
J. Spikes Property Law Center

Re: Evicted For Unlawful Detainer Cost??

Based on what you have provided, they may or may not be able to evict you for not paying the unlawful detainer costs late. Rent is what you pay to keep possession of the premises. There is an argument that they should not be able to take posssession of the premises because of default on some other contract. The problem is that the other contract is related to the renting of the premises. Both the agreement you signed and your original rental agreement would have to be reviewed to fully answer the question.

FYI, if the landlord served a 3-day notice to pay or quit and then accepted payment (even if it was late) they established a new tenancy and could not have evicted you, even if you had not agreed to pay for the unlawful detainer costs. You should really consult with a good landlord-tenant attorney in your area. Good Luck.

I don

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Answered on 5/31/05, 4:26 pm


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