Legal Question in Real Estate Law in California

Failure to pay rent increase as basis for eviction

The State of California's Right of Way Department(Caltrans) has refused my check for March's rent, which will be followed by an eviction notice. All Caltrans tenants have received a 10% rent increase, effective August, 2001. My previous rental rate was $650, which I have paid on time since moving here two years ago. Caltrans allowed an appeals process, one consideration being financial hardship, which would allow for a six month deferment. I appealed and was subsequently denied a deferment, although I had a gross income of less than $6000 in 2001 and was a graduate student. While waiting to see what kind of action the recently formed tenants association would take, I am now, as mentioned, about to face eviction and am wondering about the worst case scenario. My question: Will I simply be forced to pay the rent increase retroactively, or do I risk eviction?


Asked on 3/14/02, 6:33 pm

1 Answer from Attorneys
Judith Deming Deming & Associates

Re: Failure to pay rent increase as basis for eviction

I do not know if you were served with a 3-day notice or not; but if you were, and did not pay all that was owed and set out on the notice within the 3-days, then they do not have to accept your money after that. If, on the other hand, they increased your rent and you just paid the old amount of the rent, and this is what caused them to return the check to you, then they will now send the 3-day notice. The amount of rent you are paying is VERY small, and as a graduate student you have more education--and therefore, more employability--than most people, thus it is understandable as to why you did not qualify for a deferment, which should go to people with real hardship and disabilities, etc.

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Answered on 3/14/02, 7:51 pm


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