Notice for eviction for 2x late - Landlord Forum thread

Notice for eviction for 2x late by Kristeena (Califorina) on June 6, 2012 @23:41

Can a landlord give you an eviction notice for the rent being late twice. Both times it was less than a week. They receive the rent and late fee with it. I also told them why ut was late. Also can the give you an eviction notice because we are smokers. When we sign the lease they told us to smoke on the street. So we did but than they said we were smokers so we had to move?

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Re: Notice for eviction for 2x late by Anonymous on June 7, 2012 @01:35	[ Reply ]

need to check your county's laws to see what the requirements are. Not an attorney but my sense is that yes than can evict for being late but that if they accept the funds they have to honor the period you paid for After that is up then they have to follow the procedure for giving you notice that they wish for you to leave. depending on your lease would determine the amount of time you have. You can fight it I suppose and see what happens. It doesn't matter the reason you are late. Landlords are not obligated to be empathetic to your situation, although some are. A judge on the other hand may allow you stay for a certain period provided you put money on deposit with them.... goodluck..

Re: Notice for eviction for 2x late by A.T.SF (CA) on June 7, 2012 @07:51	[ Reply ]

Yes! Your rent is late the day after the due date. Many municipalities have banned smoking in public places including the sidewalks or common areas. Check your local city laws regarding smoking.

Re: Notice for eviction for 2x late by Bryan (Ia) on June 7, 2012 @08:39	[ Reply ]

In the LLs eyes you have established a pattern of habitually violating the lease by paying late. Yes, you can be served for this. Got anything in writing about the smoking? If not, smokers are not a protected class, so you can be served for that also.

Re: Notice for eviction for 2x late by Anonymous (MN) on June 7, 2012 @08:44	[ Reply ]

Typical internet harda$$ landlords. While you would probably win any case againstthe landlord, it's not worth it. He's turned off to you and will be a jerk to you for however long you rent his place. You are definitely entitled to the month you have paid for, yes. I'd just find a new place. And I would quit smoking, that stuff is just nasty and costing you way too much. You could afford a much nicer place if you used all of your smoking money on rent.

Re: Notice for eviction for 2x late

Re: Notice for eviction for 2x late by NY-LL on June 7, 2012 @09:16	[ Reply ]

Any lease violation on the part of the tenant is grounds for eviction. Late rent payments and smoking inside the premises are considered lease violations. Late rent payments are still a violation, even if the late penalty is paid by tenant. However, if the lease agreement specifies the penalty for late rent payments and allows for smoking (not a verbal agreement between landlord and tenant) then the landlord cannot evict for late payments or smoking violation, if the late penalty is paid and the lease specifies smoking.

Re: Notice for eviction for 2x late

Re: Notice for eviction for 2x late by Jake on June 7, 2012 @09:28	[ Reply ]

Are you sure there are not other complaints from the landlord that do not include smoking and late payments? If you have received other complaints the landlord is moving to get rid of you sooner rather than later. However, one way to stop him cold is by paying on time and not smoking.

Re: Notice for eviction for 2x late by Anonymous (MN) on June 7, 2012 @10:00	[ Reply ]

Seriously you landlords? If you were late on a car payment a couple times, but paid all the appropriate fees and brought your balance current, wouldn't you be pissed if a guy showed up to repo your car because you were late a couple months and the bank would rather not deal with you? I suspect you would. I'm not sure what this person's situation is that led to a couple late months, but as long as the balance is current, I could care less. It's more money for me since the late fees don't cost me anything.

Re: Notice for eviction for 2x late

Re: Notice for eviction for 2x late by Anonymous on June 7, 2012 @11:03	[ Reply ]

According to California law, a LL can serve an eviction notice for the following reasons: Failed to pay the rent. Violated any provision of the lease or rental agreement. Materially damaged the rental property ("committed waste"). Used the rental property for an unlawful purpose. Substantially interfered with other tenants ("committed a nuisance"). Committed domestic violence or sexual assault against, or stalked another tenant or subtenant on the premises. Engaged in drug dealing, unlawfully used, cultivated, imported, or manufactured illegal drugs. Unlawful conduct involving weapons or ammunition. It seems, according to what you wrote, the lease was violated twice by not paying rent on time and possibly once or several times in regards to smoking on the property. If any of your guests had smoked within the apartment or on the property, you would be held accountable for their actions. In regards to lateness of rent, even though you paid the rent within a week of due date and paid the late fee, it is still marked as late, even if you had a reason. Usually, for a LL to prevail in an eviction for habitual lateness, the rent would have to have been paid late over several months and he would have had to issue a notice (Pay or quit)to you with each incident. If the three-day notice is based on one of the other seven conditions listed above, the notice must either describe the tenant's violation of the lease or rental agreement, or describe the tenant's other improper conduct. The three-day notice must be properly served on the tenant (see Proper Service of Notices). Depending on the type of violation, the three-day notice demands either (1) that the tenant correct the violation or leave the rental unit, or (2) that the tenant leave the rental unit. If the violation involves something that the tenant can correct (for example, the tenant hasn't paid the rent, or the tenant has a pet but the lease doesn't permit pets), the notice must give the tenant the option to correct the violation. Failing to pay the rent, and most violations of the terms of a lease or rental agreement, can be corrected. In these situations, the three-day notice must give the tenant the option to correct the violation. Now, some LL are more lenient, considering other factors such as is the tenant clean, respectful, no other violations. Some are by the book and rules are rules. If you are dealing with an apartment complex, or an owner that owns multiple properties, most likely it is going to be this is the lease, these are the terms you agreed to, and if you break one of the provisions, it automatically starts the process of notices because they are not going to take each resident and their situation/infraction on a case by case basis so as to not be accused of showing favoritism and being inconsistent by other possibly "professional" tenants. It might sound harsh what is happening and it is if nothing else is going on that you haven't disclosed but you now have the choice to stay and fight the eviction, or begin the search for a new place that may be more suited to you being a smoker and more lenient in their lease enforcement.

Re: Notice for eviction for 2x late by NY-LL on June 7, 2012 @12:30	[ Reply ]

Calfornia Code of Civil Procedure Section 1161(4), Civil Code Section 1946.7 If you pay the rent that is due or correct a correctable violation of the lease or rental agreement during the three-day notice period, the tenancy continues. If you attempt to pay all the past-due rent demanded after the three-day period expires, the landlord can either file a lawsuit to evict you or accept the rent payment. If the landlord accepts the rent, the landlord waives (gives up) the right to evict you based on late payment of rent. http://www.dca.ca.gov/publications/landlordbook/terminations.shtml

Re: Notice for eviction for 2x late

Re: Notice for eviction for 2x late by Anonymous on June 7, 2012 @12:50	[ Reply ]

Despite what is posted above if the landlord accepted the rent(and you paid in full), then you cannot be evicted for nonpayment. You also cannot be evicted for smoking outside the property(the property, not just the house)

Re: Notice for eviction for 2x late

Re: Notice for eviction for 2x late by Micah on June 7, 2012 @13:11	[ Reply ]

Were you given an eviction notice or were you given a pay or quit notice? A Pay or quit is standard if the rent for the month has not yet been paid... It is just the first step in the process. Once the P/Q time has elapsed then papers are filed... Could be the LL is just covering his bases.

Re: Notice for eviction for 2x late by A.T.SF (CA) on June 7, 2012 @17:38	[ Reply ]

My gut tells me that there is more than what is told here. There are really simple answers and then there is what you read into the posters 2 items; late rent and smoking. I have been advised by the San Francisco Rent Board that you have to give the tenant 3 bites of the apple before action of eviction is considered. In most Cities in California smoking has been curtailed to your own personal space ( which here apparently the LL has a no smoking policy). But I also have a no smoking policy in all area's of the property. I bet the LL is tired of sweeping up the butts and there you have the Nuisance clause of creating waste upon the property. Kristeena is not telling all of the story here. There is more, more, more.