My question involves an eviction in the state of: California
I had been living in an apartment since 03/15/08 which began with a 6 month lease and since lease expired, have been month-to-month since.
Standard practice was we were given a 5 day grace period to pay rent. If rent was not received by the 6th of the month we were then served with a 3-day notice to pay rent or quit at which a $25 late fee would be added. Although a 3-day notice was served management would allow partial or late payment arrangements if necessary. Partial payment was only allowed if payment was received prior to the 5th of the month.
The last six months I began having financial struggles and have had to pay my rent late but always paid by the 15 of the month. When July's rent came due I was again unable to pay on time. 07/06 I received the 3-day notice. 07/08 I spoke with management and requested to pay on 07/15, which I was granted. Unfortunately this month due to unforeseen circumstances I was unable to gather all the monies necessary to complete my rent. 07/18 I was contacted by management requesting rent and was told if rent was not paid their attorneys would be contacted. I explained the situation advising them I did not have the rent and had decided it would be best if I moved out. The woman I spoke with said she would speak to her manager to see if there was anyway to avoid contacting the attorneys which I was advised on 07/19 there was not. I began moving out on 07/20 and turned in keys on 07/21.
On 07/29 my stepfather (who cosigned for me) received a Summons-Unlawful Detainer-Eviction which was left with the receptionist at his place of employment. The plaintiff is requesting rent for July 1 to July 31. In addition, one of the paragraphs provides a "reasonable value" for the use of the premises and that the plaintiff seeks such sum as damages for Aug 1 and for each day thereafter until the date of judgment. Although the apartment was not spotless there were no damages. As of yet, I have not been served. I don't know what I should do.
I plan on taking responsibility and paying any money due for the time I occupied the residence but didn't think I would have to pay for the whole month. In addition assumed my deposit would also be taken into consideration. Any help or advice is appreciated and sorry my post was so long.