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My landlord is trying to evict me. There was an issue with…

Customer Question
My landlord is trying...

My landlord is trying to evict me. There was an issue with Oct rent the held the check and put it through before my SS came. I paid Nov and Dec and was trying to catch up with oct but they keep sending all my checks back. They are asking for all the rent to come at once But jans check is not here yet.I know have collected my monies and catlin told me today she didn,t know if they would take my money. This is stressful I am 66 and have no where to go. I have the money to pay them now

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California

Lawyer's Assistant: Has anything been filed or reported?

Yes they started eviction

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I can pay then I paid Nov and Dec and they sent it back

Submitted: 5 months ago.Category: Landlord-Tenant
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Answered in 6 hours by:
12/27/2017
Lawyer: Lucy, Esq., Attorney replied 5 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32,260
Experience: Attorney
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

They cannot evict you if you're able to pay the rent. Under California law, a tenant can pay past due rent at any time, up until the trial, and will be allowed to remain on the premises. They also cannot legally refuse payment because you're not paying January rent - January rent isn't legally due until January 1. Ordinarily, you could look around for a tenant's rights or elder rights attorney to send a letter explaining that, and deliver it with the money. However, because of the holidays, it might be difficult to find a lawyer to write letter within the next couple of days. However, when you go to pay January's rent, you can give them one check for every month that they have rejected. They will have no legal grounds not to take it.

It's also illegal in California to charge a late fee on non-payment of rent, so if they try to reject the payment for that reason, you can let them know. A landlord cannot evict a tenant for non-payment of late fees.

If they refuse the check with January's rent, look for a tenant's rights organization in your area. You may be able to find someone to reach out to the landlord on your behalf. Meanwhile, hang onto the money. In the event that they file an eviction lawsuit, your defense is repeated efforts to pay the rent. You can bring a money order or cashier's check to court with you and hand it over.

If you have any questions or concerns, please reply WITHOUT RATING so I may address them. My goal is to provide you with excellent customer service. Otherwise, please rate my answer positively so I get credit for assisting you today. Mobile users may have to scroll to the right. Thank you.

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Lawyer: Lucy, Esq., Attorney replied 4 months ago

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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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