What are my rights as a renter when recieving a 30day notice?
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What are my rights as a renter when recieving a 30day notice?
My rent is due on the 7th of each month but I have explained to my landlord that I get paid the 2nd weds of every month. Some months he is ok with that and then some months he is not. I paid my rent, plus late fees last weds and now today he has given me a 30day notice. The reasoning he gave was, always late on rent. The notice is dated for the 14th of May but I just recieved it from my landlord today the 18th of May.
Asked on May 19, 2009 under Real Estate Law, California
Answers:
N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You should have made a new written agreement with your landlord stating that the landlord would accept your rent after the 7th and that you would pay late fees. This would have been legally binding and, as long as you abided by the new terms, there would have been no grounds for an eviction.
The landlord will take you to court by filing an Unlawful Detainer (action for eviction). You can try to fight it by showing that the landlord, knowing that you get paid after the 7th, accepts your late rent and you always pay late fees.
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