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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Good night! I have being received abusive calls from my landlord,

Customer Question

good night! I have being received abusive calls from my landlord, because I am late on my rent, messages saying " Pay the rent or I kick you out the house,"
and not being enough, I just learn from my neighbor that during the whole week he have being received calls pressure him, asking when I will pay my rent.
isnt tht I abusive procedure by the Landlord?
what should I do, how should I procedure correctly?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer, thank you for using our service. I would like to assist you today. Responses may have a short delay for review and research.
Your landlord can call and demand payment.
You can write the landlord a letter and demand that he stop contacting you unless he decides to enforce the contract legally (serve you with a "3 day notice to pay or quit" then serve you with an "unlawful detainer" (an eviction lawsuit)).
Here is a link to a set of sample letters to be used for debtors - use the "cease communications" sample letter (you may need to alter the content slightly to match your situation as these letter templates are usually used for other types of debts such as credit cards or similar loans, but your landlord's claim is covered under the Fair Debt Collection Laws as well): http://www.creditcards.com/credit-card-news/help/debt-collection-sample-letters-6000.php.
For a quick overview of California's fair debt collection laws, see: http://www.nolo.com/legal-encyclopedia/california-fair-debt-collection-laws.html (these are in addition to Federal laws, see: http://www.consumer.ftc.gov/articles/0149-debt-collection).
Keep in mind, your landlord has a right to enforce the lease, and they will likely do so quickly - here are two very good references that you can use to learn about 3 day notices and defending unlawful detainers.
The first is the California Landlord Tenant handbook, published by the California Attorney General: https://www.dca.ca.gov/dca/publications/landlordbook/index.shtml, and the second is the California Courts housing "self help" site which gives you information about the court process and forms to use if the landlord decides to file a court case: http://www.courts.ca.gov/selfhelp-housing.htm (use the link "for tenants").

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