Need some help! 3 day notice,rent control apt Los Angeles (West Hollywood: subletting, apartment)

[Zombiemomma825]

So in some tough times right now but I gave my manager a little bit more than half the rent on Monday may 5. He asked me when can I give him the rest I told him Friday may 9 he told me no problem. The next day when I was at work he gave my mother who was babysitting for me a three day notice. Well I noticed the three day notice was dated the 2nd of may. So fast forward to yesterday I tried to give him the remainder of the rent and he was told not to accept it from me so I called the rental company and was told im in the process of eviction. Now I fear that they are in retaliation because I attended a REAP hearing for the building I live in. I testified against them saying the building was still basically a piece of ****. I'm really nervous and I don't know what to do.

[wehotex]

Originally Posted by Zombiemomma825

So in some tough times right now but I gave my manager a little bit more than half the rent on Monday may 5. He asked me when can I give him the rest I told him Friday may 9 he told me no problem. The next day when I was at work he gave my mother who was babysitting for me a three day notice. Well I noticed the three day notice was dated the 2nd of may. So fast forward to yesterday I tried to give him the remainder of the rent and he was told not to accept it from me so I called the rental company and was told im in the process of eviction. Now I fear that they are in retaliation because I attended a REAP hearing for the building I live in. I testified against them saying the building was still basically a piece of ****. I'm really nervous and I don't know what to do.

It seems really fishy to me thst they won't accept your $$$. I received one of those many years ago in West Hollywood (or rather my renter, I was subletting) and it seemed to me thst the notice had a late fee plus eviction fee, but could still be paid. You should contact your local Rent Stsbilization Dept.

[CALGUY]

Ok, what more than likely happened here is the owner, or management company called the manager to find out why your rent had not been paid on time.
They told the manager to give you a three day notice to pay or quit.
I would bet the farm the manager had no authority to tell you paying on the ninth was "no problem".
That would have made you nine days late with the full rent payment, something which most landlords would not be to happy about.
I suspect the manager took some flack for telling you that.
So, the notice was dated the second,(in an effort to save his/ her butt)and actually that notice is worthless, regardless of when it was served, if the manager accepted any amount towards the rent.
So now what has to happen if they want you out, is, they must serve you another correctly dated three day notice to pay or quit, and above all, accept no more rent from you.
As I explained above, accepting any amount toward the rent,stops any eviction proceedings.
If by chance you offer the balance due, and they accept, you are free and clear as far as an eviction for non payment goes.
If they are trying to retaliate because they know you went to the reap meeting, they will most certainly be watching you like a hawk, just waiting for you to slip up on future rent payments, or violating something in your rental agreement.
Either way, it would appear you are living there on borrowed time, so my advice would be to start putting money aside for a future move.
On a side note, do you have a receipt for the amount you paid?
Without it, you are , as they say, out of gas.
Bob.

[timtemtym]

Originally Posted by CALGUY

Ok, what more than likely happened here is the owner, or management company called the manager to find out why your rent had not been paid on time.
....
On a side note, do you have a receipt for the amount you paid?
Without it, you are , as they say, out of gas.
Bob.

Now THAT is an answer! And my friend who manages a complex says she agrees 100%.

[BFett]

Originally Posted by Zombiemomma825

So in some tough times right now but I gave my manager a little bit more than half the rent on Monday may 5. He asked me when can I give him the rest I told him Friday may 9 he told me no problem. The next day when I was at work he gave my mother who was babysitting for me a three day notice. Well I noticed the three day notice was dated the 2nd of may. So fast forward to yesterday I tried to give him the remainder of the rent and he was told not to accept it from me so I called the rental company and was told im in the process of eviction. Now I fear that they are in retaliation because I attended a REAP hearing for the building I live in. I testified against them saying the building was still basically a piece of ****. I'm really nervous and I don't know what to do.

So they back dated the 3 day notice?

That would make the notice invalid.

Nor does it make sense as presented. Rent due on the 1st is not considered late until the 5th. So a 3 day notice on the 2nd makes no sense, and would not be enforceable (unless there is back rent, or you have a different day you usually pay).

[CALGUY]

Originally Posted by BFett

So they back dated the 3 day notice?

That would make the notice invalid.

Nor does it make sense as presented. Rent due on the 1st is not considered late until the 5th. So a 3 day notice on the 2nd makes no sense, and would not be enforceable (unless there is back rent, or you have a different day you usually pay).

Rents are usually due on the first of the month, and it is up to the landlord when rent becomes late.
It could be late on the second of the month if that is what is written into the rental agreement.
Where did you come up with it isn't late until the fifth?
My rents have to be in no later than 9 :PM on the third of the month.
After that, I charge a late fee.
Some landlords charge a late fee if the rent isn't paid on the first when it is due.

Bob.

[SandyCo]

Calguy, just out of curiosity, does it matter if the first isn't a business day? I'm assuming most landlords wouldn't be too upset if it's Labor Day weekend, for example, and they don't get your check until the third or fourth of September because the rental office is closed on the first and second. (I always pay my rent on the first, and put the check into my manager's drop box in the door of her apartment, so I don't know if it would be an issue in my building.)

I do know that late fees usually run about 10%, and if you're paying $1,500 per month in rent, that's $150! Quite expensive if you forget or don't have all of the rent up front. This leads me to another question... If you pay part of the rent on the first, and then pay the rest of it a few days later, is the late fee assessed on the late portion only?

[thelopez2]

Start keeping good documentation, time lines, and note dates and times of conversations.

[nightlysparrow]

http://image.slidesharecdn.com/losan...?cb=1276987199

on page 36, partial rent payment will not stop a 3-day quit.

[CALGUY]

Originally Posted by SandyCo

Calguy, just out of curiosity, does it matter if the first isn't a business day? I'm assuming most landlords wouldn't be too upset if it's Labor Day weekend, for example, and they don't get your check until the third or fourth of September because the rental office is closed on the first and second. (I always pay my rent on the first, and put the check into my manager's drop box in the door of her apartment, so I don't know if it would be an issue in my building.)

I do know that late fees usually run about 10%, and if you're paying $1,500 per month in rent, that's $150! Quite expensive if you forget or don't have all of the rent up front. This leads me to another question... If you pay part of the rent on the first, and then pay the rest of it a few days later, is the late fee assessed on the late portion only?

I can't speak for other landlords, but rents are due on the first of every month, regardless of what day the first falls on.
It is up to my tenants to make sure the rent is paid when due, even if they need to cut a check before the hoiiday.
As for partial payments, I don't accept them.
If a tenant offers partial payment, I tell them to pay it when they have the entire amount, and add the late charge to that amount that is due.
I imagine some landlords not only accept partial payments, but allow for holidays as well.
There are no set rules as to allowing for holidays and ,non business days.
The only time holidays and non business days apply is in an eviction proceeding.
Bob.