Can You Fight an Eviction? (Los Angeles, Long Beach: apartment, renters, credit)

[vermiknid]

Our friend lives in a rent control apartment in Los Angeles. He works in the film industry and went on location for six weeks. Before leaving he mailed off his July rent and sent a check for the August rent when he was away. His July rent check was never cashed and when he returned, he found an eviction notice and his August rent check returned. The landlord refused to take payment, even though this was a simple postal mistake and referred our friend to their attorney. As our friend has lived their seven years, I'm sure the landlord is eager to get rid of him since he would be able to raise the rent quite a bit. Where can our friend get legal advice to fight this eviction and does he have a chance at winning?

[sunsetssplendor]

The courthouse offers free advice on the first Tues/ Thurs of the month
in Long Beach county. (A couple of attorney's volunteer about
2-3 hours to tenants/ landlords etc.)

He may be able to find out if the same applies in Los Angeles.

[mommabear2]

I'm sure that he has a chance at winning - you never know. But I think that postal errors are no excuse for not paying the rent on time according to the law. The landlord should have called him and asked about the rent check (I would have) out of courtesy. If payment is not recieved that is grounds for eviction (even in a rent control area) and I can't think if there are any exceptions to that. If there is I would like to know myself:-)

[GreenMachine]

Originally Posted by vermiknid

Our friend lives in a rent control apartment in Los Angeles. He works in the film industry and went on location for six weeks. Before leaving he mailed off his July rent and sent a check for the August rent when he was away. His July rent check was never cashed and when he returned, he found an eviction notice and his August rent check returned. The landlord refused to take payment, even though this was a simple postal mistake and referred our friend to their attorney. As our friend has lived their seven years, I'm sure the landlord is eager to get rid of him since he would be able to raise the rent quite a bit. Where can our friend get legal advice to fight this eviction and does he have a chance at winning?

that is not grounds for eviction. If the landlord did not receive the July check, he should have contacted the tenant by phone or email or otherwise. Does your friend have any record that he attempted to make payment? A copy of the July check? The envelope that was returned by the post office?

I would write a letter to the landlord and include in it checks for the two months payment. Explain that you tried to pay the rent. Also explain the situation. State in the letter than you never received a note from the landlord that he did not receive the payment. And since you did attempt to pay him, this is not grounds for eviction. It's very difficult to evict.

greenie

[baldbizwiz]

Tenant Evictions Are Done Through The Court Process Only
When you rent a house or an apartment, you have renters rights to legally possess the property, until you either choose to give up possession or the landlord gets a tenant eviction in Superior court called a unlawful detainer, for reclaiming possession. You have tenant rights to bring your case to a jury.
But the eviction answer is not the only document available to present before a judge. You can delay your trial with a motion. Legal Aid will not perform this for you, only a competent law office will.

If you win, you get to stay. If you lose, you have more time to answer the complaint. Only the sheriff has the right to remove you. It's called an Unlawful Detainer.
Landlord’s demands are not the final authority. You only have five days to respond or take a default judgment; this will ruin your credit. This is a 911! You have to move quickly.

You have all these tenant rights even if you are behind in your rent. You have a right to a eviction notice if not served correctly if gives new options. Your landlord can not lock you out or put your belongings on the street or turn off your utilities. This is a violation of [URL="http://law.onecle.com/california/civil/789.3.html"]California Civil Code Section 789.3[/URL] and the landlord is liable for $100 a day in penalties.

The Eviction Process – Get Competent Legal Help! Get an eviction lawyer or registered Legal Document Assistant, bonded and registered. We are both. Many of the cheap services in the market are not.

The legal eviction process is long and complicated. Along the way there are many possibilities for negotiations and ways to make the law work in your favor.
Contact Legal Service Center at
(855) 775-5400 To plan your strategy. [url]www.orangecountyevictionlayer.com[/url]
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