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Can a renter refuse payment for rent in California? |
I am being faced with an eviction. I wanted to pay the leasing company the amount of the full amount of the rent on the 15th. the office refused the payment saying that they need to collect the water sewer trash bill, and the late fee at the same time. but on the eviction notice all it says is that they are evicting me due to the fact that i am not paying the full rent. were they in the wrong for not accepting payment before legal procedings were put into motion? Is the water sewer trash and late fee classified on your lease as "additional rent"? You must come up with all past due charges including sewer, etc. Once you get evicted it is a permanent scar on your credit. If your not paying the full amount of rent because there are repairs needed, thats one thing,but you DO have to make sure you have the money due when you go to court. Were you spose to be paying the water trash in the lease you signed? If so, then you owe it. Legally, they have the right to refuse unless you are in disput due to repairs or they broke their lease in some way. You should go to this site and look it up yourself. and get a copy of this book for future reference. If they have already filed 1st cause to evict then, they really should not accept any payments from you nor should you make any further payments unless they contractually agree to file another motion dismissing the proceedings agst you. The eviction is usually insituted for deliquent rent but when the landlord seeks the 2nd cause (i.e. the money judgement), they are allowed to include other expenses incurred during the tenancy per the lease and of course, legal costs...... According to Illinois law, which I live in, if you got a 5 day notice (for nonpayment of rent only), and you tried to pay them the rent during those five days and they refused, then that WILL be used against them in a court of law. If your eviction notice AND lease says nothing about additional rental costs/utilities, then you got a solid case. Remember, if BOTH says nothing about it, you're good. Also... they will have to give you a proper 5 days' notice, and then on the fifth day they MUST go to court and get a 30 days' eviction notice. Anything less than that is illegal. Go to www.rentlaw.com. They have laws for every state. |
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