Legal Question in Real Estate Law in California

Tenant Rights

I am a tenant with a 1yr lease (Dec02-Jan03). I recently became unemployed Feb 02, and I have been paying my rent on or before the 15th from March-June. I am late paying July, however I have negotiated to provide 1/2 of the payment today 7/16, and she is demanding the bal by 7/19 which I can not do. She said that if I do not pay the bal by 7/19 and August rent by 8/5/02, then she will provide a 30 day notice and take me to court. If I get a job, which I am diligently looking for, I can get caught up by 8/15/02 at the latest.

Please tell me what are my rights. Can my landlord evict me - If so how soon? I have no where to go.

Please respond as soon as possible.

Thank you.


Asked on 7/16/02, 2:39 pm

1 Answer from Attorneys
Judith Deming Deming & Associates

Re: Tenant Rights

Yes, she can do that; actually, she could give you a 3-day notice to pay rent and if you do not pay within that time, she could file an unlawful detainer to seek to evict you. After all, you had a contract to pay her rent on a certain day, and you are breaching it. It makes no difference that you have been out of work, just as it makes no difference what the landlord's personal problems might be; she has an obligation to provide you the rental unit regardless of what is going on in her life. Your "right" is to be able to stay in the rental, so long as you pay what you agreed to pay, and nothing more.

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Answered on 7/16/02, 8:44 pm


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