Paid Partial Rent - Can they evict?
Asked by
anon2000 (
49
)
December 22nd, 2017
I’m in California. I paid part of the rent, but told them I wouldn’t be able to pay the rest on the date we verbally agreed upon (12/20). They said they would still put up a for rent sign, even though I made it clear we arent leaving until we have to even if they start the eviction process because we have nowhere to go.
They can’t start eviction process since they accepted partial rent, right? And if I come up with the rest by the 31st plus the whole rent by the 5th (the due date), they can’t evict us based on no payment, right???
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7 Answers
Sorry I wanted to add something but can’t figure out how to edit.
Since legally I haven’t received any kind of notice, no 3 day, no eviction – is it illegal for them to put my unit up for rent? Also, they can’t show my unit either right?
What country are you in? In the US each state has laws that landlords must follow. Here’s an example for the state of Indiana. https://www.hud.gov/states/indiana/renting/tenantrights
If you cannot find your answer there, then scroll to the bottom of the page and there is a phone number you can call ask your questions.
I’m California – USA. Thank you!
I have been evicted in California. It took around three months and I had to go to court. However, they can say you are damaging the property with zero proof and the sherif will drag your ass out in three days.
My point is prepare for the worst. And clear this shit up ASAP with them. With C-mas you might have to wait until Tuesday.
If they want to be hardasses, they can follow the exact letter of the lease. What does your lease say?
Most leases say something like “rent must be paid in full by the third day of the month”. Partial is not the same as “in full”. So you would be technically in violation of the lease, and they can do whatever the lease says they can do (which probably means they can start the eviction process).
But, as @johnpowell said,it’s a process, not an immediate thing.
Many landlords prey upon their tenants ignorance of the law and their rights. Look around and see if you can find a group that offers free legal services to low-income people. If you can then they’ll probably offer at least a consultation so you can better gauge what your landlord can and cannot do.
@elbanditoroso We dont have a signed lease, but I dont think they realize that.
& oh crap on the saying we are damaging the property…uuugghhhh. They told us we have the unit through December, but I think they were only saying that hoping we’d leave.
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