Can they still evict her?

Mega_Areee

All of the information can be found in the lease. Most apartments in California use a standard lease. In that lease it states a due date for the rent and when that rent is considered late. Once the rent is late the land lord must serve a 3 day, or 30 day notice to pay or quit. If you pay the rent and any late fees by that time then you can stay. If you don't then the land lord has the right to refuse rent payment and pursue eviction. The best option is to pay or leave by the time in the notice. Cut your losses because once an eviction is on your credit report you will not be able to rent at most places in California for LIFE! Also, loosing an eviction battle also causes you to have to pay the landlords legal fees as well as any back rent and late fees. The land lord may be using this opportunity to evict the tenant, but it is his or her right.

Munya Says: DUH!

She'd have to see what the terms of her lease were, as written in the lease she signed.
If she didnt have a written lease, that's called "month to month tenancy" and the landlord only has to give her 30 days notice to quit (remove herself from the premises).
I've served 5 day, 10 day and 30 day notices to quit and have had to sue tenants and remove them forcibly. I've also worked with tenants who have owed me money and had fallen on hard times. It depends on the landlord, the tenant, the lease and whichever way the wind is blowing that day.

cheesehead

Depends on the laws of the state and the contract that they signed.

limgrn_maria

Technically they haven't evcited her.. eviction is a legal proceeding.. they have just asked her to leave.. since they are providing advance written warning .. yes I think they can do that..

hushnowjustplayit

If the tenant owes money right now, the landlord can evict them.

Water's Away

any person deliquent on rent can be asked to leave. the landlord may just be giving her enough time to find another place. or she knows she can't get anyone to rent appt before then

Alex

Your friend should read the rental contract.
It will spell out in detail what can happen if the friend does not pay the rent on time.

Lefty Lucy

It really depends on her lease. Depending on how the lease is written I'm willing to bet that no matter how soon she gets the rent caught up they can legally evict her because they've already given her a written notice.

â™¥Trinityâ™¥

Yeah, they can. She's actually lucky she doesn't have to be out by January. Legally, they only have to give her a 30 day notice.

fr_chuck

let me see, by January they would be on the street, the back rent with any late payments would have to be paid NOW or at least before the eviction proceduings.

One Big Daddy

Depends on the state

kickinupfunf

Don't know what state you are in, but they can evict because of default on lease agreement. That is delinquent payment. No matter if she pays or not, that is owed to the landlord anyways and she most likely would have to pay any past rent due the landlord. So...she needs to either go to landlord and beg for mercy or start looking for a place to live. Seeming how she was just sent a letter of intent, no action taken yet...she most likely will be able to resolve this with bring her rent up to date and keeping it that way from here on out.

sgoldperson

I would have to see the contract/lease that was signed. In some cases YES. In other cases proably not. Although there has been a written notice provided so I would say even in the second type of case it could still be demanded.

Red Sawx Â®

yeah but they have to go though the court system

stuart_2006

if the landlord has give the proper notice period then nothing that can be done, the outstanding rent will still need to be paid, the landlord may take her to small claims court to recover this

kevin T

Yes they can still be evicted. Ultimately even if the rent is paid and if the landlord has given an eviction notice, the renter has to leave. It is their property and they can choose to terminate the contract at any time with the renter as long as they are given advance notice and a predertmined time to leave. If your friend arranged ahead of time with the landlord ahead of time and agreed to pay the rent when possible, then maybe they could have stayed. When in doubt, consult a legal service.

blwatson41

If they pay money and the landlord accepts it in most states the eviction is null n void,, but it has to be paid before the eviction notice time is up and i dont know anyone who gives 4 months.

tracytruce

no they can not

Joey Bagadonuts

In most states...yep, he can.

Check the laws in that state to be sure......but if I was him...I'd be lookin for another place to live.

aacctv

yeah, a landlord can evict anybody with a 30 days or so notice.

DaisyÂ®

don't make me pinch you!!!

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