Legal Question in Real Estate Law in California
I have a court date in 6 days for an unlawfule detainer. Landlord is evicting us for unpaid rent. Problem Is is that I made payments to her last week towards rent and she accepted. I truly have been trying to make good on rent even though it is late. Do I still have to get evicted? I thought she would take money and let us pay off the rest but she says we will still "see her in court" Why can she take my money and I'm still having to move?? Can I get my money back then?
1 Answer from Attorneys
You didn't say whether you have an unexpired long-term lease (like one year with 4 months remaining, for example) or whether you are month-to-month. If you are month-to-month, the landlord can evict you (after proper advance notice of 30 or 60 days depending on whether you've been there more than a year or not) for any good reason, or for no reason at all. Good reasons can include that the landlord hopes to replace you with someone who'll dependably pay the entire rent on or before the day it's due without being asked or reminded. Your landlord's right to evict you is unaffected by whether or not you are current on rent payments. This all assumes you were given proper notice and that your community (Apple Valley?) has no special tenant-protection laws that differ from statewide California law.
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