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We are on last month rent legal agreenent..cant not paid…

We are on last...

We are on last month rent legal agreenent..cant not paid rent for other expenses made.. landlord want to evict us..we only paid 500..still owe 1,950. We have a deposit of 1500. What to do if we cannot paid by today he said he will file papers.

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

California

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

One year agreement

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

This is last month ..

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Answered in 5 minutes by:
3/16/2018
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,399
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Have you asked if the landlord will apply the deposit to the rent, for the last month? How is the condition of the rental property?

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Customer reply replied 4 months ago
I have asked to apply a 1000 and he can keep 500
Customer reply replied 4 months ago
Hello

From a legal standpoint, if the rent is not paid and a demand is made and this is not cured, they can proceed and evict. Seeing how it is the last month of the lease, it may take more time to evict you, then left on the lease and if you intend to move out at the end, the issue may be moot. By that, I mean you will have already left by the time the Judge hears this. Ideally, the landlord would agree to this and apply the deposit for the rent. However, their concern may be the condition of the rental and needing money for repairs, so you can ask them to do an inspection, so they are not worried.

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Customer reply replied 4 months ago
House is excellent conditions
Customer reply replied 4 months ago
All is in working condition

You can use that to your advantage and ask them to come now and inspect. Try and explain that by the time they file and this is heard you will already be out of the rental, so it is not worth the time effort and money and they can use a portion of the deposit for the last months rent and even still keep the $500 for any minor repairs.

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Customer reply replied 4 months ago
Isn't it 3 days to serve papers? I will be still be here until 31..please help

Yes. A 3-day notice to pay or quit needs to first be given. If the tenant doesn't voluntarily move out after the landlord has properly given the required notice to the tenant, the landlord can evict the tenant; but in order to evict the tenant, the landlord must first file an unlawful detainer lawsuit in Superior Court.

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Customer reply replied 4 months ago
How long does an unlawful detainer takes?

It could take a few weeks from start to finish. It would need to be filed and then you have to be served and then a court date will be set and you can contest this, so it could take a few weeks or over a month.

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Customer reply replied 4 months ago
I also did not want to pay because in front meaning nor across the street but next to my house the is a house in construction..they are making so much dust and I suffer from allergies and I have a son 6 year old. They do not even have a construction permit

That is not related at this time, so if you try and make that argument, it may not be a defense, I am sorry to say.

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Customer reply replied 4 months ago
Sure.I got all thank you.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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