La Habra, CA asked in Real Estate Law and Landlord - Tenant for California

Q: I need advice on eviction caee

I was supposed late 4 times on rent this year. In july the park manager supposedly put a 3day 60 day notice to pay or quit on my door. When i returned home no such notice was there. Supposed they sent a certified letter....i never signed for any letter. I paid the rent in july....was $5 short...turned money back in....they won't accept any more rent payment. I requested the proof....pic of paper on door and tracking number from letter....was told that thsir legal counsel advised them not to give to me. I don't want to be evicted....i have a 7 yr old girl who i don't want to see homeless. I do have late rent history...is that enough for a judge to evict me or do i stand a chance at winning if it were to go to court?

1 Lawyer Answer

Pahoua C Lor

Answered
  • Landlord Tenant Lawyer
  • Fresno, CA
  • Licensed in California

A: Unfortunately, if you are late on your rent, the landlord properly served you with 3-day notice to pay rent or quit and you did not pay during the specified time period on the notice, the landlord does not have to accept your rent. If the landlord does not accept your rent, your landlord can proceed with an eviction based on the 3-day notice. There are specific requirements that the notice must state in order to comply with the law. If the notice does not state those things, you may be able to argue that the notice is defective.

In the event that the case goes to court and you are evicted, you may apply for a stay of the eviction/unlawful detainer if you can demonstrate that you will suffer undue hardship. However, be aware that the court may ask you to pay for the number of days that you are requesting to stay as a condition to letting you stay longer.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.