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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99983
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Morning are u thereGood morning Ely. Where to begin?

Customer Question

Morning are u thereGood morning Ely. Where to begin? ultimately here's the breakdown. My apartment manager would not provide rental payment receipt when asked. I refused to pay. They brought me through eviction. The lawyer from the law group I used told me that they didn't have to provide me w a receipt. I found statute (?) 1499, which states they must give me a receipt if asked my lawyer said it didn't matter there was no legal repercussion. So I ended up w a crappy pay and stay deal. This doesn't seem right but ok. Next I went to pay the manager on the date I had to pay by. He wasn't there all day. I took pictures of my money order in front of his door and sent it to the landlord to facilitate paying and to make it clear I was trying. I asked my lawyer if the contract was broken he said yes. I asked my lawyer to write a new contract, he recommended paying or we might have to go to court. I said lets rewrite a new contract and if we have to ho to court then that'd be ok. The crux.. Fo
Submitted: 11 months ago.
Category: Legal
Customer: replied 11 months ago.
Los angeles
Expert:  Ely replied 11 months ago.

Hello and thank you for requesting me. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Your question was cut off. The last thing I see is "The crux.. Fo..."

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This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 11 months ago.
Lol yup..
My lawyer sid nothing. And for nearly 2 months the landlord did nothing.. Then finally I got in contact with him and he told me I had 5days to pay the past 2 months. I asked him about new contract he said doesn't matter $3,000 that monday or I'm out . The manager denied being ansent. I was livid next dy I went to his office and they offered to loan me the $after reviewing the contact or rather lack there of between us.the landlords lawyer GRACIOUSLY (sarcasm) allowed for me to bypass the manager in the future and pay them directly. Last 15th Dec, I got the money orders and drove out to the lawyers office. Traffic was unbelievable and I saw I was gonna be late. I phoned the office severs times and got no answer finaly I left a message. I thought best thing to do was go to my lawyers office. When I arrived their advice, go back slip it under hr door, or try paying in the morning. I asked them to call\email do something anything but it fell on deaf ears. Next day went to pay they refused and now the sheriff will be here any day to give me 5day notice. This is insane. So do I fill out ex parte stay of execution? How do I do that. Also this all began when the landlord built an illegal wall and threw out thousands of dollars worth of personal property of mine and 5 other tennants. They feared retaliation if they asked for a remedy, I like a dumbass didn't so I went first. If i file a civil action will it stay execution automatically? I just found out that I can report it to the police (duh) what the heck can I do. I know I have to inform th other side by 1030 am if I intend to file.. Is telling the manager enough or do I have to call lawyer. Thanks in advance
Customer: replied 11 months ago.
Could I wxparte ask judge to reinstate the contract. Did I automatically sign back onto the contract when I paid the 3000$ I feel like I'm asking 20 questions but its just one. What do I do... Thanks again
Expert:  Ely replied 11 months ago.
Thank you for your clarification.
Yes, under CA Civil Code Section 1499, "a debtor has a right to require from his creditor a written receipt for any property delivered in performance of his obligation."
This is not part of landlord/tenant law, but can be applied and has been applied to it, meaning tenant can demand a receipt for the payment.
The problem is that the landlord not providing the receipt does not cancel out the tenant's duty to PAY. By not paying, you triggered an eviction. (What should have been done is that one could have paid by CHECK and then simply had the cashed check copy from the bank as a receipt, and/or, could have gone to court to FORCE a receipt).
Then what happened is that for two months, nothing was done. There was still the lack of payment, it seems. You may have been late on the payment (depends on the contract) to make up for it. The landlord finally filed for eviction for non-payment.
Understand that an eviction process is only the beginning. Once the landlord files for an eviction, the tenant can file an ANSWER, and then the Court will have a hearing. Only if the eviction is confirmed can the landlord ask the Court for a WRIT and have the constable remove you.
It is up to you whether or not someone in your situation wants to:
1) file an answer, or
2) file an answer, but then also file a civil suit for fraud/etc.
If one files a civil suit for fraud or whatever else, then either court maybe asked to "pause" the eviction process until the fraud case is heard, which may be months down the line. However, you still would have to pay rent meantime.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 11 months ago.
Sorry if i wasn't clear. All that was done. Did u receive what happened after I settled and tried to pay?
Expert:  Ely replied 11 months ago.

Ah, my apologies. Okay, so if I understand correctly, the LANDLORD RECEIVED AN EVICTION JUDGMENT from the Court.

Correct?

Customer: replied 11 months ago.
I'm guessing that's correct. Apparently they filed for the writ on the 18th but it was sent back to them on the 22nd. I don't know why. But I'm guessing hey will refile and obtain that writ again asap
Customer: replied 11 months ago.
It's just insane to me tha this can go on. Can I ask the judge to reinstate the contract or allow me a new one. Does filing a civil suit today stop all this. I've never not had the money I've never not wanted to pay.. They broke the contract foe two months I was running possibly a half hour late and I he forced out?not possibly right
Expert:  Ely replied 11 months ago.

Thank you.

Someone who loses an unlawful detainer lawsuit may appeal the judgment if the tenant believes that the judge mistakenly decided a legal issue in the case. However, the appeal itself does not "pause" the eviction unless the tenant files for a STAY OF EXECUTION. See HERE.

If the Court that the matter is appealed to decides that the $3,000 was paid on time, then the contract is back "on." If the Court decides that the $3,000 was late, the landlord can evict.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 11 months ago.
I'm not stating it correctly.
They broke the contract by not being available to pay. I asked my lawyer to write a new contract. He didn't. After almost 2 months he told me I had to pay 3000$ I did even tho I was no longer under contract. 2 weeks ago I went to pay the next month 1500$ I was running late I called left messages.. My lawyer sid nothing I went to pay next morning they wouldn't accept it. How do I stop the sheriff from posting 5 day notice
Expert:  Ely replied 11 months ago.

No, they did not break the contract by not being available to pay. If they were not available, then someone in your situation should have:

-slipped it under their door and taken a photo/video of doing so; or

-sent it via certified mail on the same day. In such situations and given the circumstances, the Court may have held that the payment was made on the day it was MAILED (as unless the contract states specifically otherwise).

The old contract continues to APPLY.

Someone in your situation can stop the execution of the writ (being forced out) by filing an APPEAL, and at the same time, filing a MOTION TO STAY.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 11 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!
Also in case you did not see my last answer, it was:
No, they did not break the contract by not being available to pay. If they were not available, then someone in your situation should have:
-slipped it under their door and taken a photo/video of doing so; or
-sent it via certified mail on the same day. In such situations and given the circumstances, the Court may have held that the payment was made on the day it was MAILED (as unless the contract states specifically otherwise).
The old contract continues to APPLY.
Someone in your situation can stop the execution of the writ (being forced out) by filing an APPEAL, and at the same time, filing a MOTION TO STAY.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 11 months ago.
Ely unfortunately you weren't able to answer my question . I dot want to give a bad rating tho.. What should I do

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