Question

Can my landlord kick me out even though I tried to pay the rent?

I was late on my rent and the landlord gave me a 3 days notice to pay or quite. I called him within those 3 days to get a reach of him to pay the rent but he never answered my calls or returned my messages. I later find out that he doesnt want me living in his apartment complex and has taken me to court for not paying my rent. I am a single mother of 2 children and want to know if a landlord can treat people this way? Again I had his money in the 3 day notice period but he choose not to answer my calls and take me to court. I live in the Southern California in Los Angeles County.


Thank you

6 years ago - 7 answers

Best Answer

Chosen by Asker

In CA you broke the lease as of the 2nd. He does not have to accept your rent if he wants you to move. However, the 3 day notice does give you 3 calender days to pay him. You cna not pay him over the telephone, you needed to take the money in person.

You should show up in court with whatever evidence you have of an attempt to pay. Many days have passed since the first, did you ever pay the rent?

The judge MIGHT require him to accept the rent as RENT and not back rent (you still owe the money after you are evicted), and that you are allowed to stay. The judge does not have to do this though, you will need to be more convincing then the landlord.

It will help if you bring in your previous receipts to show that this is not a problem you have, that you were only late this one time.

6 years ago

Other Answers

you are late and voided the lease. He doesn't have to take the rent and he can remove you.

by Real Estate Guy - 6 years ago

You needed to do more than call and leave messages. With your home at stake, you should have camped out at his front door until he came home an put cash in his hand.

The fact is you're behind on the rent, and he has the right to have tenants that pay on time. Remember, he has bills too.

by David S - 6 years ago

You were late, he gave you proper notice. If you did not take cash to him in person, you don't have a leg to stand on. He can -- and is -- evicting you. Either leave immediately and forego court and the record of an eviction (which poses problems for getting another apartment for at least 2 years), or go to court to give yourself a little bit of time to find another place, pack and move. You will have to go, no doubt about it, so start packing either way.

by ibu guru - 6 years ago

calm down, second of all you have to pay the rent, you will be giving a chance to pay the rent in court, dont leave the apartment.
do this, let him try to evict you, tell the court you will pay the rent, and whatever penelties u owe. remember he cant forcibly lock you out of the aparment either, without a judge ordering the eviction, there are procedures and steps that have to be followed in order for you to be evicted.

if he does an illegal lock out call the police.
google illegal lockout as well.
the marshall is the only 1 who will be able to evict you with an order from a judge, but u can ask for a stay for eviction as well, provide evidence.
you have rights it can take up to 6 months to a 1 year to be evicted. I suggest u do this.
calm down, relax, and realize you have to pay the rent, in the future go to a social service agency for legal help if you have problems. try to remember that you will be ok.
when you are at the court you can ask for legal help services, try to get some now. you are entitled to it because you obvious claim u are a single mother.

the issue here is he may try to evict you but the law states you can pay the rent.
google tenants rights via eviction, the law is their to protect you and the landlord.
good luck
p.s. dont let your landlord intimidate you for being late with the rent, if this is the first time this happen let the judge know this.

all will work out

Source(s)

by youhave24charcterstoworkwith - 6 years ago

I think the court will give you one chance to pay ... take the rent money and an extra couple hundred for legal fees to court with you.

Write down which numbers you used and about when you called and what messages you left ...if you have a cellphone, use the call logs in the phone to prove it. The judge will NOT be happy with him for ducking your calls if you can prove you made some.

Call ahead and see if they take check or credit cards, if not you have to have cash.

Source(s)

by abacaxitoo - 6 years ago

As said, you cannot pay rent by telephone, so he did not have to answer your calls. If you would have gotten him the rent in those three days, this probably wouldnt even be an issue. So since he didnt recieve the rent, he is taking you to court. He also wouldnt take you to court if you were only late this one time. Obviously there is a problem with you. And he doesnt want you as a tenant anymore. He didnt even have to accept the rent if he already filed in court for the eviction. You being late gave him the perfect way to get you out.
sorry.
So, go to court, pay your past due rent, any late fees, and any legal fees that you owe him, and be out of the apt by the date the court gives you.

Source(s)

by kimmamarie - 6 years ago