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

When tenants are late with the rent, California landlords may give them a three-day “pay or quit” notice, which tells them that unless they pay the rent or move, the landlord will start eviction proceedings. If the tenant pays within the three days, he gets to stay.

Some states allow landlords to terminate the tenancy for nonpayment without giving the tenant a chance to pay, when the rent has been repeatedly late. California is not among them.

It sounds as though you paid the rent, albeit late, and then the landlord gave you an “eviction notice.” Chances are, that notice was a termination notice, telling you to move within three days. But because you’d already paid, the landlord had no grounds for giving you that notice.

Have a talk with your landlord and do your best to assure him or her that your one-time lapse will not recur. If you are a month-to-month tenant, however, be aware that your landlord may terminate with a 30-day, 60-day, or 90-day notice.