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Because of financial difficulties, I am one month behind on…

Customer Question
Hi, because of financial...

Hi, because of financial difficulties, I am one month behind on rent. I received a summon yesterday bc of it. I wasn’t planning on not paying just waiting on my 6/15 vacate scheduled to pay my May and half of June payment. What can I do? Call the landlord’s lawyer and make arrangements through them? I don’t know what to do next. Please help, thank you

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?

14 month lease @ 1760. Nothing related to maintenance just that I’m late w payment. I did however gave them my 60 day notification (in April) to vacate. Just that in between, things happened (death in the family) that I wasn’t able to pay in time

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

Nothing else other than I need some advice on how to handle this. Is this free consultation?

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
5/28/2018
Real Estate Lawyer: P. Simmons, Lawyer replied 2 months ago
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,701
Experience: 12+ yrs. of experience including real estate law.
Verified

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

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Real Estate Lawyer: P. Simmons, Lawyer replied 2 months ago

I am sorry for this dilemma. But I do not understand your specific question. Do you have a specific question regarding this matter?

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Customer reply replied 2 months ago
I guess I’m trying to find out what is my next step after I have been served with a summon. It says I have 5 days to file a written response? Since I gave them my 60 days notice to vacate (June 15) and planning on paying them my late payment plus June, how will that work? I guess I need to find out how I can deal with this as smoothly as possible. I’m sorry I’m confusing you. I’m just confused myself, I don’t know what to do next, thank you
Real Estate Lawyer: P. Simmons, Lawyer replied 2 months ago

When you say summons, are you referring to the letter from the court where you are required to appear?

IF so, did the landlord previously provide you with the pay or quit notice?

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Customer reply replied 2 months ago
letter from court. And yes on 3 day notice
Customer reply replied 2 months ago
I wasn’t able to take care of it for May due to death in family and finaces
Just got crazy
Real Estate Lawyer: P. Simmons, Lawyer replied 2 months ago

Thanks
IF you received the 3 day notice and did not pay? Then, frankly speaking, there is little you can do to stop eviction at this point. The law allows the judge to evict you for non payment if you received the 3 day and did not pay.

You can certainly contact the landlord and try and negotiate a solution.

But from a legal standpoint, the landlord is not required to negotiate with you...they can simply show up to court with a copy of the 3 day and the judge will evict you

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can stop this eviction but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 2 months ago
thank you. Should I contact The plaintiffs lawyers and negotiate w them instead? The rental company is big company and not sure who to contact other than ppl from the leasing office. Does it mean I need to leave before June 15 since I received this summons?
Real Estate Lawyer: P. Simmons, Lawyer replied 2 months ago

You can contact the lawyers...they can negotiate on behalf of the management. IF you can not negotiate a settlement, I would plan on being OUT of the property no later than the day of the hearing...once the judge orders eviction the Sheriff can toss you out. Typically they (the Sheriff) will give you a day or so...but they are not required to

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Customer reply replied 2 months ago
I don’t see a court date stated but I will contact the plaintiff’s lawyer and go from there. Thank you for you’re help, I appreciate it.
Real Estate Lawyer: P. Simmons, Lawyer replied 2 months ago

They will mail the court date to you after you respond.

Thank you for taking the time to accept the answer, I truly appreciate that
phil

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Customer reply replied 2 months ago
Thank you! I appreciate your help. Have a good week
Real Estate Lawyer: P. Simmons, Lawyer replied 2 months ago

:)

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