Legal Question in Landlord & Tenant Law in California

Hi I need to know if I can sue my apartment for trying to evict me. This is the story I had to pay my June rent late because of my daughter's need, diapers etc. The last day to pay rent is on the 20th then they send it over to the attorney's to start the eviction process. I didn't receive my unemployment check till the 23rd. I was told by a young lady in the office that I could do a buy back as long as the legal fees didn't exceed $300 dollars. So I started calling the office June 21st or 22nd to find out how much the fees were if they were any at all. The man in the office said to me he will call them and find out and get back to me, however he never did. I called pretty much everyday but he never did what he was suppose to. This eviction process could have been avoided had he called the attorney's and got back to me. I also have the receipt for the rent with the late fee which could have been paid but you can not pay it unless you also have the money for the attorney fees which I didn't know because the man never got back to me still to this day and I know the attorney fees exceeds $300 now and I will be evicted so now I'm just waiting to be served and I feel like its his fault had he called and gave me the information he was supposed to. Is there anything I can do about this?


Asked on 7/07/11, 1:55 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

If you tendered the rent during the period of the three-day notice, they would have had to accept the rent. Failure to pay attorney's fees is not considered part of the rent. However, it appears that you failed to timely pay rent. You can still try to negotiate with the attorney about more favorable conditions to allow you to stay.

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Answered on 7/07/11, 2:18 pm
Brian Rosales Harris, Rosales & harris

Once you failed to pay pursuant to the 3-day notice to pay or quit the landlord is not required to continue with the tenancy. Many landlords will continue the tenancy if you pay the costs and attorney fees they have incurred. The fact that there may have been a lack of comunication regarding catching up everything owed is not a defense to the eviction itself. You can still attempt to negotiate a payment plan on the monies owed and maybe a reduction of the fees and costsa but the lanldord is not required to accept any payment plan or reduction.

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Answered on 7/11/11, 5:25 pm


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