Legal Question in Landlord & Tenant Law in California
I paid my rent late every month and my landlord has gave me 3 day notice stating that I have not paid rent since January 2014 to May 2014, but I have all the receipts that proves i paid my rent. Should I move out before he puts me and my kids out? Or should I take him to court because I do have proof that I paided my rent for those months
2 Answers from Attorneys
If you have proof that you paid him rent then why don't you contact the landlord and show him your proof rather than get evicted. Maybe the notice was put on your door as a result of clerical error?
There is no need to move at this point. It appears that you have a defense to an eviction action based upon the notice he served for rent. You can try talk to him and if that does not work you can raise the fact that you paid as a defense to an eviction. He must file suit with the court and serve you with it. Be on the lookout for documents from the court and/or your landlord or his attorney.