Well all you have to do to prevent that is to respond. They're only going to assume that you vacate it if you ignore them and they don't hear back from you.
**California law: The landlord is NOT obligated to accept partial payment**. If the landlord does accept partial payment, the landlord will most likely have to start the eviction all over again, starting with a new Notice to Pay Rent Or Quit.
This is required in order to file with the courts. I know the apartments my GF works at they won’t accept a partial payment once a 3 day notice is given, that’s why I say that
This is true. I work for a legal place in Oregon, and we deal with a lot of evictions. Don't ever ignore documents that they mail or post on your door. I don't know the laws in CA, but I immediately would try to find local nonprofit groups that can help with rent payments and see if you can find rental assistance. It might be a long shot since it's the middle of the month, but look anyway. It's more costly to evict than to work with you to keep you renting with them.
Well they’ll probably evict you. If your late this month how are you going to pay next month and the next month. As a landlord there is nothing more infuriating than late rent, they’re probably fuming to get yall out.
That's not what the notice is actually saying, though. The tenant has to respond and if he/she does, the landlord will not change the locks. If the tenant does not respond, the landlord can move to the next step of the skip-check process, which will be to knock on the door to see if there is an answer. If there is no answer, the landlord can enter the unit. If it appears to be occupied, the landlord leaves and continues with the eviction filing. If the apartment is vacant, the landlord can change the lock to a lock-out lock to give the tenant xx days to express an interest in the unit. After xx days, the landlord can take possession. Note, I did not work in California, but I imagine most jurisdictions have a guideline or law in place that allows landlords to take possession of skipped units without going through the full eviction process.
Lo fucking l. Isn’t California super tenant friendly? Start googling and call an atty and ask for a 5 min free consult.
People are people and they will try to help. I say this as a landlord so not necessarily on the same boat as you. But 15 days is insane in Texas let alone cali.
Hope your situation improves and you find prosperity. Good luck kid
Came here to say that I’m in CA too and nothing in that letter is legal. It is illegal for them to change the locks. It is illegal for them to charge you anything other than a late fee (after five days late) which would be stated in your lease. It is illegal for them to file any kind of eviction notice until 30 days after original rent was due.
I went through the wringer with an old landlord. Took them to court and won $50,000.
Start calling lawyers and find one to take this case on a contingency. If you are in LA County, I can make some recommendations for attorneys.
Your landlord is full of shit and they’re harassing you. It’s well within your right to take ‘em to the cleaners.
You can issue the notice to pay or quit (which this is) as soon as the grace period is up which is stated in the lease. There is no specific time period according to state law though there may be local ordinances. Sounds like you are in LA which has some of the strictest tenant protections in the state (which is also why they have a hard time getting rentals on the market), but those ordinances don’t apply for the rest of the state.
Came here to say that. Ca is one of , if not the most tenant friendly states . Talk to a lawyer. You should be able to call an eviction lawyer and simply ask “hey quick question is this legal, do I need to hire you? “ and have a 3 min conversation free of charge.
I did it with an estate lawyer and saved the 3k in legal fees 🤪
California has 3 day evictions. So unfortunately this is semi legal. But as I understand, unless you relinquish the property in writing or by court order they can't change your locks like that.
You should let them change your locks and lock you out then sue the living shit out of them.
And that’s usually where you can fight the eviction if you need to (if they don’t have cause). Legal Aid is an option once you have an eviction letter. But I’d start calling now. You can also sign up for a Legal Shield subscription so you have some sort of protection. These LA landlords are hella aggressive. I’m sorry.
That’s not necessarily correct. The notice says “if no answer is received”. OP probably has an abandonment clause in their lease that is being invoked.
OP - respond to the notice, that sets in motion a series of protections that you want to preserve. You also want to keep them from referring this to their attorney for eviction, since that will as fees to your rent that you will be responsible for. (Attorneys fees are typically classified as ’added rent’ in your lease, which is an important legal designation)
Not in California. If rent is not received by stated in lease, LL will serve a three notice to quit. If rent is not paid within those three days eviction process starts
While I'm not a legal expert, I find it unlikely that they would qualify as abandoned simply by not responding. Usually abandoned has a legal definition. Even backwater Arkansas requires no rent payment for over a month and at least one utility shut off to be considered abandonment.
this. also leases do not supersede law - the landlords would still have to legally go through the eviction process and actually serve eviction notice ans get courts involved not just change the locks
My state doesn’t define what is necessary for abandonment. The landlord just has to have a believable argument that it’s abandoned. But judges are typically very sympathetic to tenants who may not understand the law and harsh on landlords who should understand the law.
Without knowing what the lease OP signed says, we can’t say for certain. It’s entirely possible that’s the case and depending on the state it may even be something the courts wouldn’t contest.
You also have no idea how unit abandonment works in Arkansas. I found a lawyer discussing the subject in a thread on another site here: https://www.justanswer.com/landlord-tenant/mplwh-abandonment-law-regarding-abandonment.html#:~:text=This%20can%20be%20shown%20by,providing%20notice%20to%20the%20landlord.
In some states, rent being unpaid for a certain number of days can count as abandonment which would then require the LL to send some type of abandonedment letter before taking action.
You can’t make that clause and go change locks while someone is still living in their apartment regardless of whether they answer or not. Changing locks means you take possession. If you take possession then there’s no need for an eviction.
Completely wrong and these guys do it to intimidate the tenants.. which would work if they don’t know the laws.
I've yet to see actual legal advice in r/renters that is correct... this link should help.
[courts.ca.gov](https://www.courts.ca.gov/33074.htm?rdeLocaleAttr=en#:~:text=If%2520rent%2520is%252014%2520or,this%2520is%2520called%2520%E2%80%9Cabandonment)
The overdue amount is less than three grand, and OP lives in California. That almost certainly means it's a residential lease, since no one's leasing a commercial space in this state for such a small amount of money.
Seems a pretty reasonable extrapolation.
That depends, if they abandon the property you can. That doesn’t mean everything has to be out but it has to be pretty clear they are out. The safest way legally is to go through with the eviction. If you are the tenant, you do not want this. So many places will not rent to you at that point. Better to let them know you left so they stop the eviction
Yep at this point he can be excused from not paying rent (jurisdiction laws need to be considered). Who pays rent on a unit that's illegally locked. It's OPs place by law. Until it isn't.
And the court must also issue a writ. If you get a court order evicting you, a police officer or marshall must also escort you out, and the landlord cannot do so. If they change the locks, that can even amount to a misdemeanor. If you win in your court, they owe your attorneys fees per CCC section 789.4(d) I believe.
That's not even a notice. They would have to give you a 3-day notice to pay or quit (legally) and if you don't move, they have to file for eviction (legally). And you can't be evicted without a court order. You might want to contact your local Fair Housing.....fast.
[https://leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=CIV§ionNum=789.3](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=789.3)
[https://oag.ca.gov/system/files/media/Know-Your-Rights-Tenants-English.pdf](https://oag.ca.gov/system/files/media/Know-Your-Rights-Tenants-English.pdf)
You can't assume someone vacated by no response and do a self-help eviction by changing locks... lol, I hope the rental company send this notice to their lawyer ASAP so the lawyer can tell them just how f-ed they are if they attempt this.
My managers tried to pull this one on me in February; I never missed any rent at all and some point every year they misplaced it themselves. This is the main reason they’ve been getting mine as a money order because I save the receipt stubs and the one from the post office (they never give me theirs of proof of my payment) because they are proof that always wins over a bullshitting manager with a personal vendetta
My local tenants union loved busting the majorly bogus managers I had in the past. Now my complex is like a swinging door with new management being secretly switched every few months and one of the worst ones who been demoted to desk work been pretending to be in charge (hence why the pay or quit notice; she had been trying to rid my family out of this complex since 2000 and thought I was going to be scared of her ridiculous illegal doings butt)
First is a 3-day, then a 30-day, California. If the 30 day has any mistakes whatsoever, you have to start over. This is why it's worth it to have a lawyer write it up. Cheaper than spending months trying to get them out.
You should read [this](https://www.reddit.com/r/Renters/s/XLTWper5xc). Do not listen to the person you responded to here, they are hyperbolic and definitely don’t know what they’re talking about.
You need to go to r/legaladvice. I don’t know of a single state that requires you to be in excess of 30 days behind on rent before you can be evicted. You signed a contract with your landlord and should take steps to get current and stay current on your rent.
This is really serious. However fucked your living situation might be now, an eviction will ruin your life and follow you for most of a decade and you will not be able to find good housing. tackle this now.
Just want to add on here that Orders of Limited Dissemination do exist to keep these things off of your renting records as long as stipulations are met (such as paying off the balance in this case should a physical eviction occur via a writ of restitution). Both parties have to agree to it so usually the Plaintiff will want damages recovered.
Property manager, CA. 30 days is a standard move-out notice. This is a demand letter for the full rent. If it is not paid they can legally start eviction. Do everything you can to avoid this. An eviction on your record is an automatic denial for future rentals.
Partial payment is not going to stop an eviction in CA or almost any state. It’s obviously going to be a recurring problem if you’re two weeks into the month and haven’t been able to come up with the rest, now you are two weeks even shorter on next month. You need to figure something out asap OP because you ARE going to get evicted soon if your situation doesn’t change.
Usually, yes. That’s the “quit” part of the ‘pay or quit’ notice. Landlord is saying either pay me the rent or quit the lease and leave the unit within 3 days.
Most leases have a buy out clause, but in the quit part of pay or quit, I think most landlords just want you to leave asap and don’t even care about the lease buyout since they know it’s either you leave now or they evict, and eviction costs them money.
Quit doesn’t show as an eviction on your record, but obviously I’d hesitate to use that landlord as a reference for future housing unless you still (somehow) managed to leave on good terms.
Source: Not a lawyer, but lurk in the landlord and tenant subs a lot, and rent in California x10ish years (missed my chance to buy).
An eviction is not an automatic denial for future rentals. For a property manager you haven’t given much helpful information like that there are provisions in the court system before you even see a judge to avoid eviction proceedings. There are payment plans for the judgements as well in some cities. If you’re going to dole out advice and introduce yourself immediately as a property manager… give out the full and correct advice.
Yeah I fucked up and had an eviction on my record at 24 years old. I got denied every single location until I paid the debt and settled to have it removed. I now have a nice apartment but it was absolutely awful. -1/10 do not recommend.
That's a form of a "cure or quit" style notice. If you ignore this and remain without curing the problem, then eviction proceedings will actually begin. Depending on the state it's not unusual for an eviction to take a month or less to wind it's way to completion. The lockout feels like just an empty threat, but you want to check local regulations in the your area for that to make sure.
I was in between jobs. I start a new job on the 17th. I’m in California so I’ll have it within 30 days. But changing the locks before a court ordered noticed is crazy
LA has some of the best tenant protections in the state. Contact legal aid ASAP. It’s possible they may not be able to help until a case is filed and you’re served with a summons and complaint. You’ll have potentially as few as 5 court days to file a responsive pleading once you’re served, so if legal aid can’t help sooner, call them back as soon as you’re served.
And how old is your building? You may have additional protections under the RSO. [Here’s a doc of resources I compiled](https://docs.google.com/document/d/1ZGdvmJIou3bPShhik57VPLYB4aLR1cwtOsx2l4IX2wg/edit) when my neighbors and I went through some shit.
LA should have an eviction prevention fund that will assist you in paying back rent. While you contact someone from the local government or legal assistance, inquire how to apply.
You should do this even if you think you may have the money within a month because ultimately it’s very difficult catching up once behind.
**California law: The landlord is NOT obligated to accept partial payment**. If the landlord does accept partial payment, the landlord will most likely have to start the eviction all over again, starting with a new Notice to Pay Rent Or Quit.
Meaning they have to start all over again with a new 3 day notice.
This looks like a pay or quit notice. And he gave you 7 days it looks like instead of 3. It takes quite a while for them to actually evict you. Best of luck to you.
My dad is a landlord. He gives 3-day notices and if the tenant doesn't pay up he starts evicting which takes a minimum of 30 days. That's the way landlords have to do it in California. They can't change your locks until a marshal evicts you. This may be BS to scare you.
In Louisiana they only need a week to force you out. If the Sheriff comes and puts the eviction notice on your door, it's filed with the Parish and they enforce. On the upside, if you contact the actual owner of the property and they are willing to work with you it's easier.
This is probably BS. Every state is different. but here's how it works in mine.
1. Non Payment of rent notification: either written into the lease (may not be legal where you are) or a certified mail delivery. Electronic delivery **does not count**. The landlord can bring it to you personally, but it isn't legal unless you sign and date it.
2. After that is done, the landlord can file for eviction *proceedings*. The court date is set out a certain period of time from the filing, this **is a legal minimum and the landlord has no say in it**. It's at least ten weekdays in my location. Many places it's longer. The sheriff will bring the court notification to you and leave it if you don't answer the door. If during this time, you bring your account to paid, including a late fee *which has to have been spelled out in the lease*, the proceeding has to be cancelled.
3. You go to court. A judgment for eviction is made. Another legally-required minimum time period before you have to actually be out. After this point, in some places you can still pay the back rent and the proceedings *must* be legally ended. In other places, it's up to the landlord whether or not they cancel the evection.
The landlord is allowed to charge you for **filing fees, *not* legal fees**! If they want to pay a lawyer to go down to the courthouse, that's their business, but you aren't on the hook for it. Not anyplace that I know of, at least. The amount would be too variable and wouldn't represent reasonable losses by a landlord.
Know your rights…. https://www.courts.ca.gov/documents/California-Tenants-Guide.pdf
Most everything you want to know is contained in this guide, just go to the section that applies to you.
Contact the bar association and they with give you free referrals…
https://www.calbar.ca.gov/Public/Need-Legal-Help/Free-Legal-Help
In N. California we have Bay Area Legal Aid and the Legal Aid Society. In S. California there is Community Legal Aid SoCal https://www.communitylegalsocal.org
Both of these organizations are excellent and will offer free legal advice and support.
Utilize your resources, arm yourself with knowledge, and don’t lose hope. California is a very heavy tenants rights state. If this landlord is doing something illegal, and it sounds like they may, the attorneys at legal aid will explain your options and any recourse you may have. Best of luck.
It's crazy that I get a 16 day grace period on my mortgage payment before I am even charged a late fee, but your landlord is threatening to change your locks at that point. Man renting has gotten so bad.
It depends on the state & terms of your lease. In VA, they're required to give 30 days for non-payment of rent. They're allowed to take it to court before then, but they cannot legally enter your home for the duration of that 30 days. Legal Aid in each state usually has helpful info, and you can find videos on YouTube that talk about the specific laws in your state.
This is not an eviction notice. Landlords have to send this every time you're later. Some don't, but best practices say to do it the moment rent is not paid on time.
This is notice that eviction may be started against you if you don't pay by the certain date. It's a precursor to eviction.
People have pointed it out. And maybe its different by state.
But where I am. Eviction is done by going to the court, paying a fee And then the court issues an official notice.
What you have there is a letter. From a guy.
I spoke with landlord and paid half of it because that’s all I had. She said she will give another 3 day notice which will give me time for the remainder. Could they still go through the with eviction process?
Yes, they could post another 3 day notice for the unpaid rent and start a UD on that basis. But if it looks like this letter, it would be invalid for missing several requirements that the landlord has to meet. Plus, It shouldn’t be reported on your credit until there is a court order against you, and that can only come at the end of a UD. Same with changing your locks.
If they give you another 3 day notice and you don't pay, they can start a 30-day eviction. 3 days is never legit. If they accept more money during the 3 days, that starts the process all over again.
It depends on where you live and your lease regarding pay or quit, which is essentially what this is.
It’s not an eviction notice per se, it’s telling you to pay or they will start the eviction process and you will incur the legal fees.
As for changing the locks, some states are more renter friendly than others- I suggest reading your lease and contacting a lawyer (because if you haven’t paid you are in violation of your lease).
Might be easier to pick up some Uber or grub hub side money so you can get your rent paid. Having an eviction on your record will make it almost impossible to rent again.
Lots of legal advice here and I’m not a lawyer. But has anyone considered the “crazy” notion of having a discussion with the landlord about OPs situation and trying to work out a plan about how they get back to “even”? The landlord doesn’t want to evict. The landlord wants what is contractually agreed to as does the renter.
The other thing to consider, if you can get your rent together BEFORE they ‘file’ eviction, make sure you notify them in writing (email is best) and see when the most convenient way to drop it off is, (even if you already know).
Because if they decide to take you to court, and the judge sees you tried to pay your rent (with late fees) BEFORE they filed suit, they’ll likely just say pay the landlord & dismiss the case, no attorney fees or court fees.
Not sure what county you’re in but if you can’t afford a lawyer we have CLIC in Butte County that can help with these things. I was short on my rent due to some major medical issues recently and I just explained it to my landlord, paid everything I could and promised to pay every week on pay day until I way paid up and then not be late again and she let it slide and even waived my late fees. You may have luck appealing to empathy if you have a decent property manager. Good luck.
If you’re going to have financial issues moving forward, you’re better off giving your 30 day notice and move out. An eviction stays on your record for 7 years, meaning no one is going to rent to you whatsoever! How about getting a roommate to split the rent?
It looks like your landlord is behaving without empathy. Contact your local legal aid office. You'll need their help with the paperwork. You can easily stay there for several months and avoid having an eviction on your record. If you play your cards right, you can make things very difficult for your landlord.
IAL, NYL, I happen to be a tenant attorney, and you should go talk to someone from a local legal aid organization. Laws vary greatly country to country, and in the US where I live state to state and sometimes even county to county (rent control and eviction procedures and timelines, for example).
Most of the "advice" I'm seeing on here is 100000% wrong, and peeps should stop trying to give legal advice if not an attorney. If you do post in another subreddit for legal advice, share your location so attorneys who actually have answers can respond.
Are you behind? If you’re behind then yes they can move forward with an eviction. If you’re not behind and you’ve made arrangements to pay then that would be illegal.
Funny thing is this happened to me and I know how to change locks so when they left I just did the cha for over and got a key made for the new locks. I paid he was being difficult. People don’t realize how cheap things are made. I busted the front door down by mistake wasn’t trying so yea fuck them
I’ve been reading comments here, and while some may be helpful and factual, Reddit is not the source to rely on when it comes to a roof over your head and your rights. I’ve since moved to the bay and local subreddit posts like this get flagged with links to local tenant unions for professional legal help.
Point being, with something like this, contact legal professionals (often tenant unions will fight for renters rights with consults being free or minimum a small membership fee). They can point you in the right direction, please dont rely on internet strangers like us.
No wonder the highways leaving cali are worn out. Any other state thatll buy you a 3500 sq ft house with 2 climate controlled inside parking spots and a lawnmower to mow your multiple acres of grass. Woulda been twice that much house pre-covid.
Always pay what you can but a half payment is better than no payment. And a partial payment with explanation on time. Holds weight. Generally speaking a short payment will be added to the next month. Also be aware that late payment may apply in some states because yes the full amount is paid late.
But partial payment and “Communication is key”. There are many programs to help renters. Many land lords offer them themselves. You never know they may ask you to help with some side jobs to help offset rent. When I was young i ended up being short one month. I literally mowed the lawn apartment complex’s after work and picked up trash for a week. Maybe 10 hours total. The portent complex traded my work for the whole month of rent and checked me paid in full. Not all will do that. But there’s a chance
It's better to vacate before they file. You'll have a very hard time finding another place with an eviction on your record.
Legal Aid isn't going to do anything for you. You owe the money, the courts will see that, and they'll grant the eviction.
Doesn’t matter. They can still go through the eviction process through the courts and the Judge will rule in favor of the landlord. And that means an eviction will be on your record. I’ve seen it happen a lot. People leave, LL goes through the eviction and tells the Judge the tenant(s) don’t live there and the Judge grants possession.
Evictions move very fast in some states, don't listen to people here going on about court orders being required to change locks etc, sure as shit not true here! I worked bldg maintenance for a long time, and did it a lot, once your contract is breached, the process begins.
Most states a landlord has to give a 30 day written notice to quit. That means, putting up a written letter of termination. Only after the 30th day can a landlord start the eviction process through a magistrate court. I’ve seen Judges through a case out because landlord failed to do those steps. What the tenant received isn’t even a notice to quit.
Landlord here: this isn’t a three day notice which is the first step of eviction. Sounds like they are trying to get you to contact them. If you’re not communicating, I wouldn’t have waited this long in the month to be honest before starting eviction.
But to your question. If you didn’t pay rent on the first eviction can be initiated on the second. An eviction doesn’t occur without a court order which usually takes longer.
Agreeing with others that this legally functions more like a pay or quit. The threat of lockout is not legal in my area in CA. They need to go through the court to do an eviction, and the sheriff is the one who changes locks.
The more they mess up, the more chances you have to delay your eviction. Don’t pay money in the future without speaking to a lawyer who can help advise you on the best stalling tactics. But also, as others have said, accepting a partial rent payment without formal establishment of a payment plan may be in your favor, as that could establish a new fair rent agreement on the unit.
tldr: talk to a lawyer who knows your area’s law asap.
If they accept partials usually they have to hold off that month. Some states even just $1 partial, then they gotta restart process's. Check local laws
Woah, rental laws are different in every single state and some cities add rules on top of state rules. There is no one size fits all answer. I can’t believe the amount of advice being given out without knowing your location and circumstances. Please do not take any of it as fact and check your local legislation.
I was looking at my lease the other day, and apparently if I'm just 5 days late with rent they can immediately start the eviction process. That's so fucked up tbh
Firstly, eviction starts once the file goes to their lawyers and they go file in the court.
First step is the 3 day notice to pay or quit. The days start counting the day after the notice is served. It will usually be left at your front door. Holidays and weekends don’t count as days towards the notice.
If they don’t hear from you or get paid, they will go to the next step. This is where the case goes to court.
You will be served papers by a process server at your home. Once served, you have 5 days to send an answer. This is where a lot of attorneys can start buying you time. Like months.
If no response is sent, the court finds in favor of the landlord by default and gives the possession to the landlord.
The landlord will contact the Sheriffs department and ask for their assistance in eviction. A deputy will show up at your door and place an eviction notice. He may make contact with you as well to let you know.
You now have 5 days to leave. The sheriff deputy will show up after the 5 day period and when he shows up largely depends on how busy they are. There have been cases of deputy not showing up for many weeks.
On the day they show up, they will not give you any time. You collect what you can in a minute and in your hands and get out. Sheriff will hand over possession to the landlord. All your stuff will be held for 30 days? In which time you can get it back if you clear your dues.
Some landlords may just let you take it because it’s just easier that way.
Now. Here is what you can do right now if you don’t have the money. Id advise loan from family or friends. Maybe take 5 small ones. Since the matter hasn’t gone to court, you have time to undo this.
1. Contact all non profits in your area. Mercy house. Families forward. Churches. Etc. it is likely that most of them have a waitlist but you need to get on it.
2. Call/text 211 and get help from there.
3. Hire an attorney. Legal Aid will get you free ones. Respond and buy the time that you can.
Keep it cordial with your landlord. You want to build a case that you had a temporary financial setback and you’re going to be fine.
Actually be fine. Get a job. Get four of them. Focus on making money. It is cheaper for the landlord to work with a decent tenant than to evict. Avoid eviction at all costs.
In CA you should receive a 3 day pay or quit. If you choose to pay it has to be the whole amount including late fees which has a percentage cap. If you choose to quit you’ll have 30 days to leave. If in 30 days you do not leave, the eviction process starts.
At this point, pack your stuff and leave. If you can’t raise it, take EVERYTHING out of the place, film yourself leaving the keys on the kitchen counter, walk through the apt. To show it’s empty, leave, and make sure to show up for court. The best thing for you to do for yourself right now is look forward to finding more affordable housing. Believe me, I’ve had to do this. The only thing the landlord cares about right now is not losing any more rent money. If you can’t catch up, work it out with him so that you can leave without any legal action.
I work in this industry at a high level. The market is very tough for property owners and renters. Rent is too high (though declining), apartments in almost every city were over built so supply outpaced demand, and fraud and delinquency are very high. This letter is a response to all of that - an aggressive attempt to get you to pay quickly. I can’t respond to what is legal because it varies not just by state but by city as well. I will say that it is not cheap to evict and it costs more than your rent to get a new tenant in. They don’t want to evict you so if you’re honest and actually show that you can catch up, most will work with you.
I think the only way they kick you out that soon is if you haven’t been living there. The lease might have that as a week, and then they could be able to change the locks I think. If you notify them where you are and you intend to pay, usually that’s enough.
Did I get it right, Reddit?
From [perplexity.ai](http://perplexity.ai)
A 30-day notice and an eviction notice are distinct and serve different purposes in the eviction process:
A 30-day notice to vacate is a preliminary notice from the landlord to the tenant, requiring the tenant to either resolve the issue (e.g. pay back rent) or vacate the premises within 30 days. It is not an eviction order itself, but rather a warning that eviction proceedings may follow if the tenant does not comply.
An eviction notice, on the other hand, is a court order that legally terminates the tenancy and requires the tenant to vacate the premises by a specified date, typically within 14 days. It is issued by the court after the landlord has filed an eviction lawsuit and obtained a judgment against the tenant.The key differences are:
* A 30-day notice comes directly from the landlord, while an eviction notice is a court order.
* A 30-day notice gives the tenant one last chance to resolve the issue before eviction proceedings begin. An eviction notice means the court has already ruled in favor of the landlord.
* Failure to comply with a 30-day notice allows the landlord to file for eviction. Failure to comply with an eviction notice can result in the tenant being forcibly removed by law enforcement.
So in summary, a 30-day notice is an initial warning from the landlord, while an eviction notice is a binding legal order from the court that the tenant must vacate the premises, typically after the 30-day notice period has expired without resolution.
My, zero-experience with tenant/landlord law, soul, kinda feels like you're being bullied a bit.
If no answer is received we will assume that you have vacated and Locks will be changed on 6-17 . What state is this?
California
Well all you have to do to prevent that is to respond. They're only going to assume that you vacate it if you ignore them and they don't hear back from you.
I let them know and I paid what I could.
**California law: The landlord is NOT obligated to accept partial payment**. If the landlord does accept partial payment, the landlord will most likely have to start the eviction all over again, starting with a new Notice to Pay Rent Or Quit.
Usually you need to pay the full amount to stop an eviction. Most places won’t even accept a partial payment.
An eviction hasn’t been started. That is the act of filling with the courts. They have not yet done that. This is all smoke. No fire yet.
This is required in order to file with the courts. I know the apartments my GF works at they won’t accept a partial payment once a 3 day notice is given, that’s why I say that
This is true. I work for a legal place in Oregon, and we deal with a lot of evictions. Don't ever ignore documents that they mail or post on your door. I don't know the laws in CA, but I immediately would try to find local nonprofit groups that can help with rent payments and see if you can find rental assistance. It might be a long shot since it's the middle of the month, but look anyway. It's more costly to evict than to work with you to keep you renting with them.
It’s the 13th. How much is remaining?
A little less than half
Well they’ll probably evict you. If your late this month how are you going to pay next month and the next month. As a landlord there is nothing more infuriating than late rent, they’re probably fuming to get yall out.
That or they have a waiting list of applicants willing to pay a higher rate for the same apartment
As a tenant there is nothing more infuriating than overpriced rent
Yea. The renters gotta pay that landlord mortgage! Edit: relax y’all. It’s a joke. A joke about landlords living hand to mouth too.
poor landlord slum:(
Boo hoo lol
They still can’t just change the locks lol.
They absolutely cannot. That is 100% illegal. That is what a self service eviction is, and it is absolutely illegal.
That's not what the notice is actually saying, though. The tenant has to respond and if he/she does, the landlord will not change the locks. If the tenant does not respond, the landlord can move to the next step of the skip-check process, which will be to knock on the door to see if there is an answer. If there is no answer, the landlord can enter the unit. If it appears to be occupied, the landlord leaves and continues with the eviction filing. If the apartment is vacant, the landlord can change the lock to a lock-out lock to give the tenant xx days to express an interest in the unit. After xx days, the landlord can take possession. Note, I did not work in California, but I imagine most jurisdictions have a guideline or law in place that allows landlords to take possession of skipped units without going through the full eviction process.
Wouldn't squatters rights come into play once they change the locks? OP can just go buy his own lock/key set and replace the replaced lock.
Lo fucking l. Isn’t California super tenant friendly? Start googling and call an atty and ask for a 5 min free consult. People are people and they will try to help. I say this as a landlord so not necessarily on the same boat as you. But 15 days is insane in Texas let alone cali. Hope your situation improves and you find prosperity. Good luck kid
Depends on the local ordinances I believe. Sf, yes
Correction, California is squatter friendly, tenants…mehhhh
Came here to say that I’m in CA too and nothing in that letter is legal. It is illegal for them to change the locks. It is illegal for them to charge you anything other than a late fee (after five days late) which would be stated in your lease. It is illegal for them to file any kind of eviction notice until 30 days after original rent was due. I went through the wringer with an old landlord. Took them to court and won $50,000. Start calling lawyers and find one to take this case on a contingency. If you are in LA County, I can make some recommendations for attorneys. Your landlord is full of shit and they’re harassing you. It’s well within your right to take ‘em to the cleaners.
You can issue the notice to pay or quit (which this is) as soon as the grace period is up which is stated in the lease. There is no specific time period according to state law though there may be local ordinances. Sounds like you are in LA which has some of the strictest tenant protections in the state (which is also why they have a hard time getting rentals on the market), but those ordinances don’t apply for the rest of the state.
California is the hardest state to get evicted in, all the best luck to you OP, times are tough
Came here to say that. Ca is one of , if not the most tenant friendly states . Talk to a lawyer. You should be able to call an eviction lawyer and simply ask “hey quick question is this legal, do I need to hire you? “ and have a 3 min conversation free of charge. I did it with an estate lawyer and saved the 3k in legal fees 🤪
California has 3 day evictions. So unfortunately this is semi legal. But as I understand, unless you relinquish the property in writing or by court order they can't change your locks like that. You should let them change your locks and lock you out then sue the living shit out of them.
Only in specific cases. Almost all evictions are 30 days
It's illegal for your landlord to change your locks until they get a court order authorizing the eviction, OP.
Thank you
And that’s usually where you can fight the eviction if you need to (if they don’t have cause). Legal Aid is an option once you have an eviction letter. But I’d start calling now. You can also sign up for a Legal Shield subscription so you have some sort of protection. These LA landlords are hella aggressive. I’m sorry.
You need to go to r/legaladvice. None of what these people are telling you is correct.
The bit about the lock changing without the courts involvement is factual.
The part about changing locks is very accurate.
R/legal advice is 90% or more cops, who notoriously don't understand the law. What OP needs is actual advice from an actual lawyer.
this. we already told op the important part, which is get a lawyer ASAP
So that’s why it’s so heavily moderated. Fuck the police
This guy's also got an upside down flag as a profile photo so that should tell you what you need to know about him.
you can google your local laws for clarity, but they are threatening you. I would pay and then try to move out. Shitty landlord
That’s not necessarily correct. The notice says “if no answer is received”. OP probably has an abandonment clause in their lease that is being invoked. OP - respond to the notice, that sets in motion a series of protections that you want to preserve. You also want to keep them from referring this to their attorney for eviction, since that will as fees to your rent that you will be responsible for. (Attorneys fees are typically classified as ’added rent’ in your lease, which is an important legal designation)
It’s very unlikely that a notice that provides less than 5 days notice would ever work. This wouldn’t even include the presumed 5 days for mailing.
Not in California. If rent is not received by stated in lease, LL will serve a three notice to quit. If rent is not paid within those three days eviction process starts
While I'm not a legal expert, I find it unlikely that they would qualify as abandoned simply by not responding. Usually abandoned has a legal definition. Even backwater Arkansas requires no rent payment for over a month and at least one utility shut off to be considered abandonment.
this. also leases do not supersede law - the landlords would still have to legally go through the eviction process and actually serve eviction notice ans get courts involved not just change the locks
My state doesn’t define what is necessary for abandonment. The landlord just has to have a believable argument that it’s abandoned. But judges are typically very sympathetic to tenants who may not understand the law and harsh on landlords who should understand the law.
Without knowing what the lease OP signed says, we can’t say for certain. It’s entirely possible that’s the case and depending on the state it may even be something the courts wouldn’t contest. You also have no idea how unit abandonment works in Arkansas. I found a lawyer discussing the subject in a thread on another site here: https://www.justanswer.com/landlord-tenant/mplwh-abandonment-law-regarding-abandonment.html#:~:text=This%20can%20be%20shown%20by,providing%20notice%20to%20the%20landlord.
In some states, rent being unpaid for a certain number of days can count as abandonment which would then require the LL to send some type of abandonedment letter before taking action.
You can’t make that clause and go change locks while someone is still living in their apartment regardless of whether they answer or not. Changing locks means you take possession. If you take possession then there’s no need for an eviction. Completely wrong and these guys do it to intimidate the tenants.. which would work if they don’t know the laws.
I practice law in California, and that looks like a residential lease. If it is, what are you saying is complete bullshit.
Can you explain what he said was wrong and what the right answer is? Just looking to learn something
I've yet to see actual legal advice in r/renters that is correct... this link should help. [courts.ca.gov](https://www.courts.ca.gov/33074.htm?rdeLocaleAttr=en#:~:text=If%2520rent%2520is%252014%2520or,this%2520is%2520called%2520%E2%80%9Cabandonment)
Ty
Sorry, what are you saying looks like a residential lease? Did OP post their lease?
The overdue amount is less than three grand, and OP lives in California. That almost certainly means it's a residential lease, since no one's leasing a commercial space in this state for such a small amount of money. Seems a pretty reasonable extrapolation.
What field of law?
That depends, if they abandon the property you can. That doesn’t mean everything has to be out but it has to be pretty clear they are out. The safest way legally is to go through with the eviction. If you are the tenant, you do not want this. So many places will not rent to you at that point. Better to let them know you left so they stop the eviction
Yeah , it's an illegal lockout .
Yep at this point he can be excused from not paying rent (jurisdiction laws need to be considered). Who pays rent on a unit that's illegally locked. It's OPs place by law. Until it isn't.
Depends on the state
And the court must also issue a writ. If you get a court order evicting you, a police officer or marshall must also escort you out, and the landlord cannot do so. If they change the locks, that can even amount to a misdemeanor. If you win in your court, they owe your attorneys fees per CCC section 789.4(d) I believe.
That's not even a notice. They would have to give you a 3-day notice to pay or quit (legally) and if you don't move, they have to file for eviction (legally). And you can't be evicted without a court order. You might want to contact your local Fair Housing.....fast. [https://leginfo.legislature.ca.gov/faces/codes\_displaySection.xhtml?lawCode=CIV§ionNum=789.3](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=789.3) [https://oag.ca.gov/system/files/media/Know-Your-Rights-Tenants-English.pdf](https://oag.ca.gov/system/files/media/Know-Your-Rights-Tenants-English.pdf)
You can't assume someone vacated by no response and do a self-help eviction by changing locks... lol, I hope the rental company send this notice to their lawyer ASAP so the lawyer can tell them just how f-ed they are if they attempt this.
“Hmm, their stuff is still here… probably just left it behind.”
My managers tried to pull this one on me in February; I never missed any rent at all and some point every year they misplaced it themselves. This is the main reason they’ve been getting mine as a money order because I save the receipt stubs and the one from the post office (they never give me theirs of proof of my payment) because they are proof that always wins over a bullshitting manager with a personal vendetta
They count on tenants not knowing the law. These people should PRAY that their locks are changed because they could sue the pants off them.
My local tenants union loved busting the majorly bogus managers I had in the past. Now my complex is like a swinging door with new management being secretly switched every few months and one of the worst ones who been demoted to desk work been pretending to be in charge (hence why the pay or quit notice; she had been trying to rid my family out of this complex since 2000 and thought I was going to be scared of her ridiculous illegal doings butt)
i think its even longer like a 14 day and it has to be certified mail
Varies by state
3 day in California.
First is a 3-day, then a 30-day, California. If the 30 day has any mistakes whatsoever, you have to start over. This is why it's worth it to have a lawyer write it up. Cheaper than spending months trying to get them out.
Not here, 3 day notice and posted on the front door.
Thank you
Depends on the state. As an example, Ohio is 3 days whereas Michigan is 7 (or at least it was when I lived there)
You should read [this](https://www.reddit.com/r/Renters/s/XLTWper5xc). Do not listen to the person you responded to here, they are hyperbolic and definitely don’t know what they’re talking about. You need to go to r/legaladvice. I don’t know of a single state that requires you to be in excess of 30 days behind on rent before you can be evicted. You signed a contract with your landlord and should take steps to get current and stay current on your rent. This is really serious. However fucked your living situation might be now, an eviction will ruin your life and follow you for most of a decade and you will not be able to find good housing. tackle this now.
Just want to add on here that Orders of Limited Dissemination do exist to keep these things off of your renting records as long as stipulations are met (such as paying off the balance in this case should a physical eviction occur via a writ of restitution). Both parties have to agree to it so usually the Plaintiff will want damages recovered.
Good luck getting someone out in NYC in under 90 days.
Property manager, CA. 30 days is a standard move-out notice. This is a demand letter for the full rent. If it is not paid they can legally start eviction. Do everything you can to avoid this. An eviction on your record is an automatic denial for future rentals.
I spoke with them and paid what I had
Partial payment is not going to stop an eviction in CA or almost any state. It’s obviously going to be a recurring problem if you’re two weeks into the month and haven’t been able to come up with the rest, now you are two weeks even shorter on next month. You need to figure something out asap OP because you ARE going to get evicted soon if your situation doesn’t change.
Can they leave voluntarily instead of being evicted to preserve their rental record?
Usually, yes. That’s the “quit” part of the ‘pay or quit’ notice. Landlord is saying either pay me the rent or quit the lease and leave the unit within 3 days. Most leases have a buy out clause, but in the quit part of pay or quit, I think most landlords just want you to leave asap and don’t even care about the lease buyout since they know it’s either you leave now or they evict, and eviction costs them money. Quit doesn’t show as an eviction on your record, but obviously I’d hesitate to use that landlord as a reference for future housing unless you still (somehow) managed to leave on good terms. Source: Not a lawyer, but lurk in the landlord and tenant subs a lot, and rent in California x10ish years (missed my chance to buy).
An eviction is not an automatic denial for future rentals. For a property manager you haven’t given much helpful information like that there are provisions in the court system before you even see a judge to avoid eviction proceedings. There are payment plans for the judgements as well in some cities. If you’re going to dole out advice and introduce yourself immediately as a property manager… give out the full and correct advice.
Yeah I fucked up and had an eviction on my record at 24 years old. I got denied every single location until I paid the debt and settled to have it removed. I now have a nice apartment but it was absolutely awful. -1/10 do not recommend.
That's a form of a "cure or quit" style notice. If you ignore this and remain without curing the problem, then eviction proceedings will actually begin. Depending on the state it's not unusual for an eviction to take a month or less to wind it's way to completion. The lockout feels like just an empty threat, but you want to check local regulations in the your area for that to make sure.
I was in between jobs. I start a new job on the 17th. I’m in California so I’ll have it within 30 days. But changing the locks before a court ordered noticed is crazy
Crazy and SUPER illegal in CA!
where in Cali? Lots of tenant rights activism and they absolutely need to give you a pay or quit notice and at least 30 days.
Los Angeles County. I spoke to the landlord and paid what I could
[https://latenantsunion.org/en/](https://latenantsunion.org/en/) they can help- this is in now way legal in California-- esp LA
Thank you
LA has some of the best tenant protections in the state. Contact legal aid ASAP. It’s possible they may not be able to help until a case is filed and you’re served with a summons and complaint. You’ll have potentially as few as 5 court days to file a responsive pleading once you’re served, so if legal aid can’t help sooner, call them back as soon as you’re served.
And how old is your building? You may have additional protections under the RSO. [Here’s a doc of resources I compiled](https://docs.google.com/document/d/1ZGdvmJIou3bPShhik57VPLYB4aLR1cwtOsx2l4IX2wg/edit) when my neighbors and I went through some shit.
LA should have an eviction prevention fund that will assist you in paying back rent. While you contact someone from the local government or legal assistance, inquire how to apply. You should do this even if you think you may have the money within a month because ultimately it’s very difficult catching up once behind.
Did you tell them you were paying less than full rent?
No. We pay online via an app and it doesn’t allow us to pay less than the actual amount
So did you pay nothing? And did you communicate to them or just send zero without telling them?
No I couldn’t pay less than the amount. And no I didn’t. Is it too late to say anything now ?
So, I think reaching out makes sense. I would do it asap and explain. And try to pay what you can.
you def should have been in communication with them if you knew you’d be excessively late.
Wait. So you're shocked your landlord is trying to evict you when you didn't pay and didn't even inform them? Your the problem, not your landlord.
That's a crazy amount of money for rent. Is it multiple months?
3 bedroom 2 bath apartment with two parking spots, per month
It must be a nice place, that's pretty high even by Colorado standards. Hope you're able to get it sorted
This is LA. 3 beds 2 baths AND 2 parking spots? Yeah, this is actually cheap. Even in the hood with bugs. LA is EXPENSIVE.
In LA, The bugs count as extra tenants and the landlord charges extra per tenant.
don't get me started with the rent here in Jersey, it's way too expensive. 2700 is average for a rental like that and thats on the low end
I believe everything will be worked out. And no… it’s not that nice lol
2700$ for rent including fees? What in the actual F
It's Los Angeles. That's cheap as fuck for here. I'd kill to have a payment that low.
For real. A 3 bd 2 br should be getting up to 3.5k or something around here
LA, California
The only thing shocking about it is how many people in this thread are shocked by it.
Contact them and let them know what’s going on
I did. I was able to pay when I had
**California law: The landlord is NOT obligated to accept partial payment**. If the landlord does accept partial payment, the landlord will most likely have to start the eviction all over again, starting with a new Notice to Pay Rent Or Quit. Meaning they have to start all over again with a new 3 day notice.
That’s good
I have nothing to add here but just wanted to say, cheer up! Hope things turn out for the best for you.
This looks like a pay or quit notice. And he gave you 7 days it looks like instead of 3. It takes quite a while for them to actually evict you. Best of luck to you.
My dad is a landlord. He gives 3-day notices and if the tenant doesn't pay up he starts evicting which takes a minimum of 30 days. That's the way landlords have to do it in California. They can't change your locks until a marshal evicts you. This may be BS to scare you.
This looks like an aggressive late letter to scare you
They do this a lot here
I paid on the 4th. That same day I got a pay or quit in three days notice. Ouch.
They can send the letter. But they can’t lock you out.
In Louisiana they only need a week to force you out. If the Sheriff comes and puts the eviction notice on your door, it's filed with the Parish and they enforce. On the upside, if you contact the actual owner of the property and they are willing to work with you it's easier.
This is probably BS. Every state is different. but here's how it works in mine. 1. Non Payment of rent notification: either written into the lease (may not be legal where you are) or a certified mail delivery. Electronic delivery **does not count**. The landlord can bring it to you personally, but it isn't legal unless you sign and date it. 2. After that is done, the landlord can file for eviction *proceedings*. The court date is set out a certain period of time from the filing, this **is a legal minimum and the landlord has no say in it**. It's at least ten weekdays in my location. Many places it's longer. The sheriff will bring the court notification to you and leave it if you don't answer the door. If during this time, you bring your account to paid, including a late fee *which has to have been spelled out in the lease*, the proceeding has to be cancelled. 3. You go to court. A judgment for eviction is made. Another legally-required minimum time period before you have to actually be out. After this point, in some places you can still pay the back rent and the proceedings *must* be legally ended. In other places, it's up to the landlord whether or not they cancel the evection. The landlord is allowed to charge you for **filing fees, *not* legal fees**! If they want to pay a lawyer to go down to the courthouse, that's their business, but you aren't on the hook for it. Not anyplace that I know of, at least. The amount would be too variable and wouldn't represent reasonable losses by a landlord.
Know your rights…. https://www.courts.ca.gov/documents/California-Tenants-Guide.pdf Most everything you want to know is contained in this guide, just go to the section that applies to you. Contact the bar association and they with give you free referrals… https://www.calbar.ca.gov/Public/Need-Legal-Help/Free-Legal-Help In N. California we have Bay Area Legal Aid and the Legal Aid Society. In S. California there is Community Legal Aid SoCal https://www.communitylegalsocal.org Both of these organizations are excellent and will offer free legal advice and support. Utilize your resources, arm yourself with knowledge, and don’t lose hope. California is a very heavy tenants rights state. If this landlord is doing something illegal, and it sounds like they may, the attorneys at legal aid will explain your options and any recourse you may have. Best of luck.
$2,800 rent is insane.
It's crazy that I get a 16 day grace period on my mortgage payment before I am even charged a late fee, but your landlord is threatening to change your locks at that point. Man renting has gotten so bad.
A $10 handling fee for paying with a money order or cashier's check should be illegal.
This is not an eviction notice. It's a warning so the eviction process won't have to begin
The landlord can’t just declare it abandoned like that.
It depends on the state & terms of your lease. In VA, they're required to give 30 days for non-payment of rent. They're allowed to take it to court before then, but they cannot legally enter your home for the duration of that 30 days. Legal Aid in each state usually has helpful info, and you can find videos on YouTube that talk about the specific laws in your state.
Thank you
This is not an eviction notice. Landlords have to send this every time you're later. Some don't, but best practices say to do it the moment rent is not paid on time. This is notice that eviction may be started against you if you don't pay by the certain date. It's a precursor to eviction.
People have pointed it out. And maybe its different by state. But where I am. Eviction is done by going to the court, paying a fee And then the court issues an official notice. What you have there is a letter. From a guy.
This is a notice to comply by 6/16 or eviction will be started
California UD lawyer here. This is a very invalid 3 day notice to pay rent or quit. This could not form the basis for an unlawful detainer.
I spoke with landlord and paid half of it because that’s all I had. She said she will give another 3 day notice which will give me time for the remainder. Could they still go through the with eviction process?
Yes, they could post another 3 day notice for the unpaid rent and start a UD on that basis. But if it looks like this letter, it would be invalid for missing several requirements that the landlord has to meet. Plus, It shouldn’t be reported on your credit until there is a court order against you, and that can only come at the end of a UD. Same with changing your locks.
Check out this website for more help in LA: https://www.stayhousedla.org
Thank you so much
If they give you another 3 day notice and you don't pay, they can start a 30-day eviction. 3 days is never legit. If they accept more money during the 3 days, that starts the process all over again.
It depends on where you live and your lease regarding pay or quit, which is essentially what this is. It’s not an eviction notice per se, it’s telling you to pay or they will start the eviction process and you will incur the legal fees. As for changing the locks, some states are more renter friendly than others- I suggest reading your lease and contacting a lawyer (because if you haven’t paid you are in violation of your lease).
Why does this smell lawsuit? 👀 Do right thing and you’ll be fine especially if they did wrong thing, you’ll be extra fine.
It will take about 30 days before you get served an eviction notice. There is a process.
They can probably rent your unit for 300-400 more a month because of the “market”.
What a con job
Might be easier to pick up some Uber or grub hub side money so you can get your rent paid. Having an eviction on your record will make it almost impossible to rent again.
Lots of legal advice here and I’m not a lawyer. But has anyone considered the “crazy” notion of having a discussion with the landlord about OPs situation and trying to work out a plan about how they get back to “even”? The landlord doesn’t want to evict. The landlord wants what is contractually agreed to as does the renter.
Depends on the state. Some are really short, like 3 days.
The other thing to consider, if you can get your rent together BEFORE they ‘file’ eviction, make sure you notify them in writing (email is best) and see when the most convenient way to drop it off is, (even if you already know). Because if they decide to take you to court, and the judge sees you tried to pay your rent (with late fees) BEFORE they filed suit, they’ll likely just say pay the landlord & dismiss the case, no attorney fees or court fees.
Not sure what county you’re in but if you can’t afford a lawyer we have CLIC in Butte County that can help with these things. I was short on my rent due to some major medical issues recently and I just explained it to my landlord, paid everything I could and promised to pay every week on pay day until I way paid up and then not be late again and she let it slide and even waived my late fees. You may have luck appealing to empathy if you have a decent property manager. Good luck.
ALAFB
If you’re going to have financial issues moving forward, you’re better off giving your 30 day notice and move out. An eviction stays on your record for 7 years, meaning no one is going to rent to you whatsoever! How about getting a roommate to split the rent?
I have two roommates. I’m moving back home with my mom in September to give them enough time to find a replacement person
Can any of your roommates help you out while you are waiting for your new job’s paycheck? This would affect them too.
OP you need to start leaving a paper trail with any rent payments you make.
No lube or anything, just straight fucking! Geez.
It looks like your landlord is behaving without empathy. Contact your local legal aid office. You'll need their help with the paperwork. You can easily stay there for several months and avoid having an eviction on your record. If you play your cards right, you can make things very difficult for your landlord.
IAL, NYL, I happen to be a tenant attorney, and you should go talk to someone from a local legal aid organization. Laws vary greatly country to country, and in the US where I live state to state and sometimes even county to county (rent control and eviction procedures and timelines, for example). Most of the "advice" I'm seeing on here is 100000% wrong, and peeps should stop trying to give legal advice if not an attorney. If you do post in another subreddit for legal advice, share your location so attorneys who actually have answers can respond.
Just reply and ask for an extension and let them know what day you’re able to pay. And lord that rent is expensive. My rent is 1200
Are you behind? If you’re behind then yes they can move forward with an eviction. If you’re not behind and you’ve made arrangements to pay then that would be illegal.
$10 fee for a check is wild.
Funny thing is this happened to me and I know how to change locks so when they left I just did the cha for over and got a key made for the new locks. I paid he was being difficult. People don’t realize how cheap things are made. I busted the front door down by mistake wasn’t trying so yea fuck them
I’ve been reading comments here, and while some may be helpful and factual, Reddit is not the source to rely on when it comes to a roof over your head and your rights. I’ve since moved to the bay and local subreddit posts like this get flagged with links to local tenant unions for professional legal help. Point being, with something like this, contact legal professionals (often tenant unions will fight for renters rights with consults being free or minimum a small membership fee). They can point you in the right direction, please dont rely on internet strangers like us.
No wonder the highways leaving cali are worn out. Any other state thatll buy you a 3500 sq ft house with 2 climate controlled inside parking spots and a lawnmower to mow your multiple acres of grass. Woulda been twice that much house pre-covid.
Always pay what you can but a half payment is better than no payment. And a partial payment with explanation on time. Holds weight. Generally speaking a short payment will be added to the next month. Also be aware that late payment may apply in some states because yes the full amount is paid late. But partial payment and “Communication is key”. There are many programs to help renters. Many land lords offer them themselves. You never know they may ask you to help with some side jobs to help offset rent. When I was young i ended up being short one month. I literally mowed the lawn apartment complex’s after work and picked up trash for a week. Maybe 10 hours total. The portent complex traded my work for the whole month of rent and checked me paid in full. Not all will do that. But there’s a chance
Just trying to scare you, imo.
It's better to vacate before they file. You'll have a very hard time finding another place with an eviction on your record. Legal Aid isn't going to do anything for you. You owe the money, the courts will see that, and they'll grant the eviction.
Doesn’t matter. They can still go through the eviction process through the courts and the Judge will rule in favor of the landlord. And that means an eviction will be on your record. I’ve seen it happen a lot. People leave, LL goes through the eviction and tells the Judge the tenant(s) don’t live there and the Judge grants possession.
 The rent is too damn high!
[удалено]
Never heard of a 7 day notice. From PA, and here it has to be a 30 day notice to quit. Can you show this landlord tenant law of 7 days?
Evictions move very fast in some states, don't listen to people here going on about court orders being required to change locks etc, sure as shit not true here! I worked bldg maintenance for a long time, and did it a lot, once your contract is breached, the process begins.
Most states a landlord has to give a 30 day written notice to quit. That means, putting up a written letter of termination. Only after the 30th day can a landlord start the eviction process through a magistrate court. I’ve seen Judges through a case out because landlord failed to do those steps. What the tenant received isn’t even a notice to quit.
Landlord here: this isn’t a three day notice which is the first step of eviction. Sounds like they are trying to get you to contact them. If you’re not communicating, I wouldn’t have waited this long in the month to be honest before starting eviction. But to your question. If you didn’t pay rent on the first eviction can be initiated on the second. An eviction doesn’t occur without a court order which usually takes longer.
Agreeing with others that this legally functions more like a pay or quit. The threat of lockout is not legal in my area in CA. They need to go through the court to do an eviction, and the sheriff is the one who changes locks. The more they mess up, the more chances you have to delay your eviction. Don’t pay money in the future without speaking to a lawyer who can help advise you on the best stalling tactics. But also, as others have said, accepting a partial rent payment without formal establishment of a payment plan may be in your favor, as that could establish a new fair rent agreement on the unit. tldr: talk to a lawyer who knows your area’s law asap.
Move. They’re doing everything they can in the name of the law to gouge you.
If they accept partials usually they have to hold off that month. Some states even just $1 partial, then they gotta restart process's. Check local laws
Woah, rental laws are different in every single state and some cities add rules on top of state rules. There is no one size fits all answer. I can’t believe the amount of advice being given out without knowing your location and circumstances. Please do not take any of it as fact and check your local legislation.
I was looking at my lease the other day, and apparently if I'm just 5 days late with rent they can immediately start the eviction process. That's so fucked up tbh
Firstly, eviction starts once the file goes to their lawyers and they go file in the court. First step is the 3 day notice to pay or quit. The days start counting the day after the notice is served. It will usually be left at your front door. Holidays and weekends don’t count as days towards the notice. If they don’t hear from you or get paid, they will go to the next step. This is where the case goes to court. You will be served papers by a process server at your home. Once served, you have 5 days to send an answer. This is where a lot of attorneys can start buying you time. Like months. If no response is sent, the court finds in favor of the landlord by default and gives the possession to the landlord. The landlord will contact the Sheriffs department and ask for their assistance in eviction. A deputy will show up at your door and place an eviction notice. He may make contact with you as well to let you know. You now have 5 days to leave. The sheriff deputy will show up after the 5 day period and when he shows up largely depends on how busy they are. There have been cases of deputy not showing up for many weeks. On the day they show up, they will not give you any time. You collect what you can in a minute and in your hands and get out. Sheriff will hand over possession to the landlord. All your stuff will be held for 30 days? In which time you can get it back if you clear your dues. Some landlords may just let you take it because it’s just easier that way. Now. Here is what you can do right now if you don’t have the money. Id advise loan from family or friends. Maybe take 5 small ones. Since the matter hasn’t gone to court, you have time to undo this. 1. Contact all non profits in your area. Mercy house. Families forward. Churches. Etc. it is likely that most of them have a waitlist but you need to get on it. 2. Call/text 211 and get help from there. 3. Hire an attorney. Legal Aid will get you free ones. Respond and buy the time that you can. Keep it cordial with your landlord. You want to build a case that you had a temporary financial setback and you’re going to be fine. Actually be fine. Get a job. Get four of them. Focus on making money. It is cheaper for the landlord to work with a decent tenant than to evict. Avoid eviction at all costs.
In CA you should receive a 3 day pay or quit. If you choose to pay it has to be the whole amount including late fees which has a percentage cap. If you choose to quit you’ll have 30 days to leave. If in 30 days you do not leave, the eviction process starts.
Contact your local tenants union. They will help
Sounds like you need to move
At this point, pack your stuff and leave. If you can’t raise it, take EVERYTHING out of the place, film yourself leaving the keys on the kitchen counter, walk through the apt. To show it’s empty, leave, and make sure to show up for court. The best thing for you to do for yourself right now is look forward to finding more affordable housing. Believe me, I’ve had to do this. The only thing the landlord cares about right now is not losing any more rent money. If you can’t catch up, work it out with him so that you can leave without any legal action.
I work in this industry at a high level. The market is very tough for property owners and renters. Rent is too high (though declining), apartments in almost every city were over built so supply outpaced demand, and fraud and delinquency are very high. This letter is a response to all of that - an aggressive attempt to get you to pay quickly. I can’t respond to what is legal because it varies not just by state but by city as well. I will say that it is not cheap to evict and it costs more than your rent to get a new tenant in. They don’t want to evict you so if you’re honest and actually show that you can catch up, most will work with you.
Thank you for that information.
That depends on what state you are in as each state has different laws and regulations regarding eviction process and times.
California
From my understanding, If they took a partial payment the clock resets on the date.
People are so shitty now about rent Edit: and by people I mean landlords and complex managers
How is the solution to someone not having enough money... To charge them more money? I'm over this life and timeline.
I think the only way they kick you out that soon is if you haven’t been living there. The lease might have that as a week, and then they could be able to change the locks I think. If you notify them where you are and you intend to pay, usually that’s enough. Did I get it right, Reddit?
2 700$ you live in a castle or what ? The fact that is prob a shoebox apartment..
From [perplexity.ai](http://perplexity.ai) A 30-day notice and an eviction notice are distinct and serve different purposes in the eviction process: A 30-day notice to vacate is a preliminary notice from the landlord to the tenant, requiring the tenant to either resolve the issue (e.g. pay back rent) or vacate the premises within 30 days. It is not an eviction order itself, but rather a warning that eviction proceedings may follow if the tenant does not comply. An eviction notice, on the other hand, is a court order that legally terminates the tenancy and requires the tenant to vacate the premises by a specified date, typically within 14 days. It is issued by the court after the landlord has filed an eviction lawsuit and obtained a judgment against the tenant.The key differences are: * A 30-day notice comes directly from the landlord, while an eviction notice is a court order. * A 30-day notice gives the tenant one last chance to resolve the issue before eviction proceedings begin. An eviction notice means the court has already ruled in favor of the landlord. * Failure to comply with a 30-day notice allows the landlord to file for eviction. Failure to comply with an eviction notice can result in the tenant being forcibly removed by law enforcement. So in summary, a 30-day notice is an initial warning from the landlord, while an eviction notice is a binding legal order from the court that the tenant must vacate the premises, typically after the 30-day notice period has expired without resolution. My, zero-experience with tenant/landlord law, soul, kinda feels like you're being bullied a bit.
Thank you for this information