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.
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