Popular searches: evict  eviction laws  landlord rights  rental deposit  rental lease  

Can I be evicted from my landlord for being late on rent by 2 days?

I was 2 days late making my rental payment, and my landlord gave me a 3 day eviction notice. The only reason I was late was because I was out of town and forgot to deliver the rent check before I left. What are landlord eviction California laws?

 

Answers (1)

Under California law, your landlord must allow your tenancy to continue as long as you paid the full amount of past due rent before the expiration of the 3-day notice.  If you still owe past due rent after the 3-day period expired, your landlord can either file a lawsuit to evict you or accept the rent payment. If the landlord accepts the rent, s/he waives the right to evict you based on late payment of rent.  You must either pay the full amount of rent that is due or vacate the rental unit by the end of the third day, unless you have a legal basis for withholding your rent (e.g., deducting for repairs, or withholding based upon the landlord’s breach of the lease).  Note that in California the 3-day notice is not legally effective if it demands more rent than is actually due, or if it includes any charges other than for past-due rent (e.g., late charges, unpaid utility charges, dishonored check fees, or interest).  A qualified California landlord-tenant attorney can help you negotiate with your landlord, document your payment of the past due rent, and represent you if legal proceedings become necessary.

Contact A Lawyer

3people found this useful

(6 Votes)
Please Log in to answer questions.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

Related Links

LA-WS5:0.7.13.100721.9461