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Served eviction notice in Los Angeles County

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Dolan W.
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Customer:
Asked on Dec 30, 2024

Served eviction notice in Los Angeles County

Is this a valid notice? What are my rights as a tenant?

Lawyer Dolan W.
5.0 (466)
Lawyer:
Answered on Dec 30, 2024

Hello *****!
My name is Dolan and thank you so much for contacting me!
I just had a few quick questions for you:

If I can clarify, are you behind on rent?

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Customer:
Asked on Dec 30, 2024

Yeah. I am behind two months on rent but have been communicating with the landlord about this. I got let go from my job but am about to be employed by a new company so should be able to catch up on rent soon.

Is that a valid reason for the landlord to evict me?

This is my first time ever receiving a notice like this.

Lawyer Dolan W.
5.0 (466)
Lawyer:
Answered on Dec 30, 2024

I'm so sorry to hear about that! Did you get a summons in the mail (like court paperwork) or did you just get a notice handed to you that you have three days to pay the rent?

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Customer:
Asked on Dec 30, 2024

I was just handed a notice. Nothing to do with a court (I don't believe).

Lawyer Dolan W.
5.0 (466)
Lawyer:
Answered on Dec 30, 2024

Understood! So you're just wondering what it is you can do here, correct?

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Customer:
Asked on Dec 30, 2024

Yes. I want to know my rights. I signed a lease agreement as well. Does that give me any protections from eviction?

Lawyer Dolan W.
5.0 (466)
Lawyer:
Answered on Dec 30, 2024

Ok! Did you need to tell me anything else? If not, I can start with answering your question.

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Customer:
Asked on Dec 30, 2024

Yeah that's right.

If you could also let me know how much time I would have to vacate the property (if the notice is legit), that would be helpful.

Lawyer Dolan W.
5.0 (466)
Lawyer:
Answered on Dec 30, 2024

Ok! I've been working on an answer while we've been chatting, so it'll just be a moment.

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Lawyer Dolan W.
5.0 (466)
Lawyer:
Answered on Dec 30, 2024

I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask because this law stuff can get complicated. So legally speaking, the law gives you three days (excluding holidays and weekends) to pay the rent. The landlord has to accept the rent if you have it within that time frame. Even if that timeframe passes, the law requires the landlord to sue you in court for the eviction. This means that they would need to serve you a whole new set of paperwork and you'd have to go to a hearing on the matter. More often than not, this process can take at least 30 additional days, if not longer, depending on how busy the court is.

So what does this mean? It means that your BEST option is to see if the landlord would be able to even accept partial rent. Accepting partial rent terminates their ability to evict for the past due rent.

The next best option is to come up with a backup plan. Sometimes, landlords are fine with you moving out and avoiding an eviction altogether if you offer some money and move out by a certain date. This can protect your rental history and buy you as much time as possible. You should also look for rent help in places like 211.org. Does that help clarify things? I want to make sure I didn’t leave anything out.

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Customer:
Asked on Dec 30, 2024

Yeah that does. Just so I have this right, if I don't pay rent before the 3-day period, then I will have at least another 30 days until I am served paperwork?

Also, when you say rental history...what does that mean?

And does an eviction impact my credit score?

Lawyer Dolan W.
5.0 (466)
Lawyer:
Answered on Dec 30, 2024

Sure thing! So if you don't pay the rent and don't leave, the landlord has the right to sue you in court. The landlord cannot just lock you out of the dwelling. The downside is that if the landlord succeeds in an eviction then it ends up on your credit report. Future landlords can see this eviction and it can create problems convincing landlords that you are worth the risk of renting to. So whatever you can do to help avoid an eviction, do that!

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Customer:
Asked on Dec 30, 2024

Can my landlord charge me for unpaid rent after an eviction?

I'm not saying I want to get evicted, but wanted to understand what happens.

Lawyer Dolan W.
5.0 (466)
Lawyer:
Answered on Dec 30, 2024

So the landlord can sue for the eviction and the unpaid rent for all the days up until the day that they file.

So this means that if the court orders you to vacate, they will also order you to pay up any past due money. The money technically has to be paid immediately; however, you would be able to negotiate still with the landlord about paying back the money over time. This is why now is your best time to try to work out a deal because all the landlord wants is their cash!

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Customer:
Asked on Dec 30, 2024

Ok that makes sense.

So I just accepted a job.

I think my first paycheck will hit my bank account in a month's time.

How would I go about negotiating with the landlord?

I won't be able to pay the entire amount due though.

Lawyer Dolan W.
5.0 (466)
Lawyer:
Answered on Dec 30, 2024

Sure thing! So a few things you can do. Find out specifically what the landlord may want to allow you to stay, even just a little longer. Sometimes, it’s just money, a promise that you may leave on a specific date, or something else. Even if a person isn't behind on rent, offering some money to delay a court-ordered eviction helps. If you are going to get paid, show them what job you accepted, explain (in writing) when you start and when you expect to get paid. At the same time, protect yourself: Try out justshelter.org, Try 211.org, Try benefits.gov, Family and friends can help in a pinch, Ask the landlord if they’d be willing to just keep your security deposit as well if they just refuse everything!

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Customer:
Asked on Dec 30, 2024

Ok thanks. I was under the impression California had more favorable tenant laws than this. It sounds like I am not in a good position and it was out of my control since I didn't expect to be laid off.

I may be able to pay partial rent with my savings and ask my parents if they can help.

Lawyer Dolan W.
5.0 (466)
Lawyer:
Answered on Dec 30, 2024

CA does have very strong protections, but even then, the time is limited.

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Customer:
Asked on Dec 30, 2024

Would you be able to give me an idea on how I could present this to the landlord?

Lawyer Dolan W.
5.0 (466)
Lawyer:
Answered on Dec 30, 2024

In my experience, offering in writing to the landlord the reasons why you are late, acknowledging that you are late, how much you owe, but that you have a new job, that you expect the job to be a permanent position, and that you get paid on X date is a start.

Then, you could ask the landlord if they're willing to make a one-time exception on the late rent payment and that this transition is only temporary and that they will get their money ASAP.

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Customer:
Asked on Dec 30, 2024

Ok makes sense.

Any other advice?

Lawyer Dolan W.
5.0 (466)
Lawyer:
Answered on Dec 30, 2024

Most importantly, try to stay as calm as you can and utilize those resources I suggested. Most landlords just want their money, so keeping that in mind is going to be critical, so if you need to beg or borrow the money in the meantime, do so because your housing security matters too much. I want to make sure we've covered everything thoroughly. Is there anything else you'd like to discuss, or any details I can go over again for you?

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Customer:
Asked on Dec 30, 2024

No this is helpful. I paid for a month's subscription so I will keep this chat open.

I'm assuming it is fine to come back to you?

Lawyer Dolan W.
5.0 (466)
Lawyer:
Answered on Dec 30, 2024

100% I strongly recommend it because we're here to help you!

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Customer:
Asked on Dec 30, 2024

Ok thank you. This has been helpful. Will stay in touch as needed.

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Dolan W.
Attorney
5.0 (466)
10 Yrs Experience
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Dolan W.

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San Diego, California
10 Yrs Experience
Licensed in CA
Purdue Law School

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