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  1. #1

    Default Late on Rent, Served With Notice to Pay

    My question involves an eviction in the state of: California

    I do not have a lease now, and LL is giving me two weeks, as " court and all involved
    costs him money"
    Having never been in this situation in my life, I appreciate your opinions.
    I do not mind moving much, but overwhelmed by it all. the place is filled with termites,
    the gas water heater is improperly vented and he yelled at the plumber that the heater is not to be strapped down in the event of a quake.
    The end of May, the gas water heater had just flooded
    the kitchen / living room. Another larger flood prior was never addressed as to source
    and no clean up, so it is moldy in here I am sure...carpet, flooring, floorboards, white baseboards are blackened etc. ( I have pictures)
    I can not live in the front part (Liv, Room, kitchen) because of severe headaches and my severe asthma. (been on Life support X3)
    I am told by a former evicted neighbor and another friend that went through the process that I can stay here for 3 monthes or much much longer....but no details as
    to how that is possible. After 3 day notice is served then a court date is set at some point, then I keep the appointment, but how
    does it all play out time wise??
    I'm trying to get an idea so I can relax a bit and not kick up the asthma with the stress, If I end up in the hospital or a full Respiratory arrest again, it would make it easier to call the coroner and be done with it. Save his court fees.
    I intend to look for a place / roomate needed and toss things in here.
    Prior floods ruined any furniture I had, but still a stressful job for one person.
    1. Can LL phone (harass) an out of state relative of the tenant to collect rent?
    He did this before and was given it, now I owe them also. He also called them in June.
    I told him its between him and myself.
    2. Unemployment benefits are my only source and after a third appeal that I won in
    May, I have received one week, by June 7th. I can not do my usual profession and am searching for work that accomodates my being almost blind at present.

  2. #2
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    Default Re: Late on Rent, Served With Notice to Pay

    There's a back story to the call to the relative - who is this relative, how did the landlord get the person's number and why did they cover your rent deficiency on the prior occasion(s) rather than telling the landlord not to call.

    In terms of whether your sole source of income is a job, unemployment, or pennies from heaven, your rent is due when your rent is due. If you don't pay your rent on time your landlord can commence eviction proceedings. Deficiencies in the premises may give you grounds for a counter-claim for, e.g., a partial rent abatement.

    If the property is as unlivable as you suggest, it sounds like time to think about moving.

  3. #3

    Default Re: Late on Rent, Served With Notice to Pay

    The relative is a sister. Harrassed and lost job, Eye surgery cost what I had, and failed somewhat.
    In 2010 I had my 2009 tax return due me, ( more than rent) and a sudden appeal # 1 hit, so no money, I borrowed one months rent amt. I won the appeal, I received the tax return and a #2 appeal, and again no money, I needed to use tax return for rent instead of repayment.
    The check was sent to landlord direct. Then while waiitng for unemployment
    appeal court date and eventual win, I was 3 days late waiting for cash, when
    I went to pay, LL said it was taken care of, by a note to me. So now june 2011, he told me he had called before and so he called now in June.....I didn't know and don't know why she didn't tell him no....nor do I know what was said, as the LL has a vicious temper, easy to set off.
    MY QUESTION WAS : WHAT IS THE TIMEFRAME, ROUGHLY, AFTER A 3 DAY OR QUIT NOTICE IS SERVED, I KNOW A COURT DATE IS INVOLVED, I WILL ATTEND, is it a month or two for court, how long for decision from Judge, then what happens???
    I AM GOING TO MOVE, I've lived in the bedroom over a year, while suing former employer.
    I wanted a time frame in which to pull it together, new place and movers / Truck or Van.
    I will mention the apartment mold, etc. at court. I will bring up harrassing phone calls to my relative for money. I am aware of when and to whom the rent is due. I am not the first person to be in this spot.

  4. #4

    Default Re: Late on Rent, Served With Notice to Pay

    I have not been given any papers, I just spoke with the owner in person.
    My landlord had verbally given me 2 weeks to pay rent, and that is Tuesday.
    Early this morning, Sunday, I hear loud sharp strong "cheery" knock on the door, so I headed out there and as I was going to turn the lock, A loud male...on the young side, voice came through "ANSWER YOUR DOOR' so I stood there, frozen, then a sharp knuckle knock on the glass living room window and the voice yells, " COME ON ANSWER THE DOOR, DO YOU WANT THE COPS ON YOUR ASS??? My name wasnt mentioned.

    I TURNED AND CAME BACK HERE, CLOSED THE BEDROOM DOOR.

    I THINK I HEARD WALKING BACK HERE BY THE BEDROOM WINDOW.

    WHAT THE HECK, WHO THE HECK???

    MY GUTS ARE FLIPPING...I am not opening a door to an angry Male that I do not know.

    When the owner talked to me, he said 2 weeks, that is tuesday, so today or tomorrow, I was going to put an update note through his door, offering to move....seeing if he would forego

    spending the court money he spoke of.....and let me move...not in a thrash.....now

    after that noise...i wont be stepping out to even get boxes....It wasnt the owner knocking.

    I am still shaking., but I hope all the Dads are having a great Fathers day.

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