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I am 20 days late with rent my Apt. complex has filed eviction notice on me in CA can I get evicted for being late .

1 Answers. Asked on Sep 24th, 2012 on Landlord and Tenant Law - California
More details to this question:
I am 20 days late with rent my Apt. complex has filed eviction notice on me, in order stop eviction process I have to pay rent and legal fees to the lawyers for the eviction process that they have already filed on me. Is this legal to start eviction process because rent is 20 days late? and I have to pay them for their lawyers fees? I have received a pay or vacate notice . Thank you
Answers Showing 1 out of 1
Licenced in CA
Answered on Sep 25th, 2012 at 1:24 PM

The answer to both questions is yes. As soon as your rent is five days late (the end of the fifth day following the date on which it is due), the landlord can serve you with a notice to pay rent or quit. If you don't pay the rent within the thee days the notice provides for, they can file and serve an eviction lawsuit. Once the three days expire, the landlord has no duty to accept your rent and let you stay, so they can require that you reimburse them for their out-of-pocket attorney's fees and expenses. I don't see anything in the post that would indicate that the landlord has taken any short-cuts, or attempted to evict you without cause - you admit that you haven't paid your rent for 20 days since it was due.

David L. Gibbs, Esq.
The Gibbs Law Firm, APC
San Clemente, California

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Landlord and Tenant Law
Real estate attorneys who are knowledgeable about landlord-tenant laws can assist both property owners (landlords) and renters (tenants) through all aspects of a real estate transaction. Landlord-tenant lawyers can ensure that landlords are in compliance with all housing laws; negotiate, draft and reviewing leases; work to resolve disputes between the property owner and tenant; and handle eviction proceedings. Whether you are a residential or commercial property owner, or are renting an apartment, home, office or warehouse, it pays to consult with a real estate law firm after purchasing investment rental property, before a lease is signed and if you encounter problems during the landlord-tenant relationship.
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