Legal Question in Real Estate Law in California

Rental dispute

Can the landlord evict me even

though i made my payment 7

days after the grace period.

They said their rejecting the

rent payment because i cant

afford the rent fees. Dont they

have to accept my payment?


Asked on 4/13/09, 8:53 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Rental dispute

If the landlord had given you a three day notice to pay or quit, and the three day period had expired, then they do not have to accept the rent, and may proceed to evict you. If no notice was served, then yes, they must accept the rent, however, if you are a month-to-month tenant, they can simply turn around and give you a sixty day notice (thirty day if you have lived there less than 1 year) and terminate your tenancy. Unless you have a lease, you have no security in terms of remaining in the property long-term.

*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.

Read more
Answered on 4/14/09, 12:07 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California