Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.
The landlord may not evict for nonpayment without giving a 3 day notice allowing you to pay the rent. So, the landlord may not refuse to accept the rent and still evict you.
Well, he can not evict you unless you are in breach of the lease. So, just give him the rent again.
If you are a month to month tenant then he can cancel the tenancy with a month's notice, but he can not refuse to accept the rent before serving a 3 day notice and then evict you for nonpayment.
Then you can not be evicted. You may retain possession until the end of the lease term, so long as you are not in breach.
If he attempts to evict you when you are not in breach then he is violating the warranty of quiet enjoyment and you can sue for the breach.
Did you have further questions? Have I answered your question?
If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys) . Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspxIt is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.
If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.
Please click the stars on the web page and then submit. That way the rating is logged on the site.