Home Q&A Forum Can my landlord evict me if I have been unable to pay rent due to financial hardship caused by the COVID-19 pandemic?

Landlord Tenant

Notice to Vacate

California

Asked on Nov 19, 2024

Can my landlord evict me if I have been unable to pay rent due to financial hardship caused by the COVID-19 pandemic?

I am currently facing financial hardship due to the COVID-19 pandemic, which has resulted in a significant reduction in my income. As a result, I have been unable to pay my rent for the past few months. I recently received an eviction notice from my landlord, and I am unsure of my rights and options in this situation. Can my landlord legally evict me during this time, considering the circumstances?

Answers from 1 Lawyer

Answer

Landlord Tenant

California

Answered 519 days ago

Good morning, Your landlord cannot evict you. They can, however, provide you with a notice to vacate, Which presumably is what they have given. At the conclusion of the . Assigned for the notice, There may be a summons for eviction and a court date assigned. At that point, you will then go to court and be able to explain your circumstances and only the court can grant you an extension or evict you. If the court chooses to evict you, they will give you a 36 to 48 hour time Period to vacate. However, the court will consider all of your circumstances, and I would urge you to present your medical condition as one of your mitigating factors.

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Can my landlord evict me without giving me proper notice?

I recently received an eviction notice from my landlord, stating that I have 7 days to vacate the premises due to alleged violations of my lease agreement. However, I believe that I have not violated any terms and I was not given any prior warning or opportunity to correct any issues before receiving this notice. I am unsure if my landlord has followed the proper legal procedures for eviction and I would like to know if they can legally evict me without providing me with proper notice.

5.0 (1)

Joy R.

Answered Jun 13, 2025

In Florida a landlord can issue a 7 day notice to vacate. There are two types. 7-Day Notice Without Right to Cure: This type of notice is used for serious violations such as intentional property damage, repeated disturbances, or repeated violations. To avoid an eviction action from being filed, tenants must vacate the property within 7 days, with no chance to fix the issue. (Reference: Fla. Stat. §. 83.56(2)(a)). If you believe you haven't violated the terms of the lease then you should put it in writing and ensure that you have delivered it to the landlord and have proof. Certified mail is generally a good way to do this. Silence can be taken as admission of the violation so put any response in writing and have proof of delivery. 7-Day Demand to Cure Notice: This type of notice is for less severe violations such as having unauthorized pets, guests, or vehicles or failing to keep the property clean. Tenants are given 7 days to adress the problem and avoid an eviction action being filed with the court.

Read 1 attorney answer>

Landlord Tenant

Residential Lease Agreement

California

Asked on Sep 13, 2023

Amendments in a residential lease agreement?

I recently entered into a residential lease agreement and have recently been asked to make some amendments to the agreement. These amendments are not clear to me and I would like to understand the implications and legalities of the changes before I sign the new agreement.

View Myrna L.

3.8 (3)

Myrna L.

Answered Sep 20, 2023

First, you do not have to agree with your landlord to change your lease agreement. Second, know why your landlord wants to change your lease agreement. Third, what rights/benefits do you give up if you agree with your landlord to change your lease agreement.

Read 1 attorney answer>

Landlord Tenant

Residential Lease Agreement

California

Asked on Sep 13, 2023

Background checks for residential lease agreement?

I am a landlord looking to rent out a residential unit. I understand that the best way to protect myself and my property is to perform background checks on potential tenants. I want to know what is legally required of me in order to do background checks for residential lease agreements. I am also interested in learning what types of background checks are recommended for tenants.

View Myrna L.

3.8 (3)

Myrna L.

Answered Sep 20, 2023

Background checks of tenants normally include credit checks, employment verification, previous landlord reference checks, and personal references.

Read 1 attorney answer>

Landlord Tenant

Addendum to Lease

California

Asked on Sep 9, 2024

Can an addendum to a lease be used to modify the terms of a lease agreement?

I am currently renting a commercial space for my business, and I recently received an addendum to the lease agreement from my landlord. The addendum contains several changes to the original lease terms, including an increase in rent and modifications to the maintenance responsibilities. I am unsure if the landlord has the legal right to make these changes through an addendum, and I would like to understand the validity and enforceability of this document.

View Dolan W.

5.0 (371)

Dolan W.

Answered Oct 1, 2024

Hello! I'm so sorry about this situation! To modify a contract legally, the following requirements must be met: 1. All parties to the contract must agree to the modification. This means that both parties must sign and date the amendment to the contract. 2. The parties to the contract need new consideration -- something of legal value -- to modify a contract. For example, if a party wants more money for something they would need to provide additional performance in exchange. 3. A writing is not required for a modification, but recommended. In your case, you said that you received the addendum to the lease agreement and it contains changes to the original terms, including an increase in rent. An increase in rent would be a change to a material term, requiring you to pay more. Because you would be required to pay more, your landlord would have to offer something in exchange for this to be binding. This means that unless the lease was up for renewal, the modification would be invalid. Thanks again and good luck!

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Landlord Tenant

Residential Lease Agreement

Washington

Asked on Sep 10, 2023

Drafting a residential lease agreement?

I am a new landlord looking to start renting out a residential home in the next few months. I need to draft a residential lease agreement that meets the legal requirements of my state and ensures the rights of both myself and the tenant are protected. I am looking for legal advice to make sure I draft a comprehensive and legally compliant lease agreement.

5.0 (18)

Merry K.

Answered Sep 12, 2023

I am a WA State attorney, and I counsel both landlords and tenants in WA who end up having landlord/tenant conflicts. It would be smart of you to have your first lease draft reviewed by a knowledgeable WA State landlord tenant law attorney. The biggest problems that arise include return of a security deposit and/or billing for additional costs after move out; tenants failure to comply with terms of the lease and/or HOA rules; and issues/questions regarding renewal of the lease. The Residential Landlord Tenant Law can be found here: https://apps.leg.wa.gov/rcw/default.aspx?cite=59.18 Two changes were made in 2023 alone. In addition, some cities, like Seattle, and unincorporated King County, have additional requirements to be aware of. You may want to consider joining an association of WA landlords - I think there's a statewide one, and there may be county or city organizations. Some of these can provide you with first draft leases and/or provide guidance, classes, and counseling. There are many places to buy leases online, but some of these don't address the fine points regarding notice to vacate or raise rent, issues arising from paying last month's rent ahead, whether or not security deposits can be applied toward the last month's rent, and so forth. An attorney who specializes in landlord-tenant law can provide you with your first lease and also be available on an ongoing basis for consultations from time to time.

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Can my landlord evict me if I have been unable to pay rent due to financial hardship caused by the COVID-19 pandemic?

Answers from 1 Lawyer

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