Legal Question in Landlord & Tenant Law in California

Eviction

. I was going to be short on rent, I went to the mgr. around the 3rd asked for an extension until the 15th due to I just starting a new day job, (2jobs total) and I wud be paid from both jobs by the 15th NOTE in the past requesting&being approved for an ext wasn�t a probl. At 445p.m. on the 8th I rec'd a call that my request was denied for no reason, and I was given until noon the next day to pay or it would go to the attorney. I had to take time off from my new day job I finally came up w/ the rent called the mgr in the a.m to tell her i was getting another money order then Id be there; I arrived w/the rent I was told it was too late it went to the attorney. In addition to this, I was let go from my new job and the only reason was because of the instability this had brought to my life. i was also advised I had to be out by end of month, is this fair? there are other circs. involved leading up to the �all of the sudden we can�t work w/you attitude� which feel had a lot to do w/the way I�m being treated. In short they weren�t providing me w/ decent, safe&sanitary living conditions so I sent ltrs to several city officials this didn't make them happy but I shouldn't have had to live w/a roach infestation. what can I do?


Asked on 9/17/08, 1:30 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: Eviction

You've covered a lot of ground in this post, and sadly given the nature of these forums, nobody can give you a complete answer. First, did you ever receive a three day notice to pay or quit? If you did not, then they cannot refuse your rent payment even if late. Second, if you did receive a three day notice to pay or quit, did you tender the rent to them within the three days? If so, they cannot reject the rent. If you tendered the rent after the three days, then they can refuse it. As for being out by the end of the month, they cannot summarily kick you out. If you have lived in the apartment less than 1 year, then they have to give you 30 days notice to vacate. If you have lived there more than 1 year, they have to give you 60 days notice to vacate. If you don't leave you will be sued by them. As to the job, that is not the landlord's problem - it is up to you to juggle work and personal obligations, and the landlord was not unreasonable in demanding that you pay the rent due. Finally, with respect to the other issues about attitude, safe & sanitary conditions, roaches and letters to city officials, you might be able to claim retaliatory eviction, but you'll need to consult with a local attorney to see if you can defend eviction on that basis. Its very fact-specific, and that exceeds what can be done on this forum. While you are correct that nobody should have to put up with unsafe and unsanitary conditions, you need to consult with an attorney to know what that really constitutes. You don't have the right, unless you follow a very specific procedure, to withhold rent for those kinds of problems, and from what you've posted, you didn't follow that procedure.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 9/17/08, 1:54 pm


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