Can my landlord still evict me even ifI am caught up on my rent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my landlord still evict me even ifI am caught up on my rent?
I am being evicted for 1 month pass due rent. I was served with a summons and complaint for an unlawful detainer. Before I went to the courthouse I spoke with my landlord and had the rent to give her. She would not accept it. I proceeded to file my answer with the court and stated that on my answer. What are my chances of not having to move?
Asked on August 12, 2011 California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If your landlord elected to simply serve you with an eviction notice after you were late in paying rent and then served you with a filed summons and complaint as opposed you giving you a three day notice to pay or quit where you could have paid your overdue rent in that time period, that is the landlord's choice.
By failing to pay your rent on time to your landlord is a breach of your lease for the unit that you are renting. The landlord desires to end her agreement with you by way of a court decree where she seeks an order evicting you from the unit.
Unless the landlord changes her mind about keeping you as a tenant, the chances of you being evicted for failure to pay rent are about 95% at the upcoming hearing.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.