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My land lord gave me a 60 day notice saying that we needed vacate the property (Jan 9th 2013 being the last day). The notice clearly says under "Reason: No Reason". We paid November rent and I talked to the LL on the phone and reminded him that the last month was paid when we moved in. We paid 1st + last + dep. He said that we don't owe him anything if we are out by Jan 9th 2013.
He then filed a Unlawful Detainer Dec 24th (before the last day of his own notice). He never tried to contact us to rectify any issues, we found out when the notice came in the mail. He is saying that we didn't pay rent for the last month??!!
I filed an appeal and just want to see if I have a leg to stand on in court. DO I OWE THIS GUY ANYTHING?
Quote:
Lease states:
"first and last month installment in the amount of $2800"
suppose that at the beginning of the tenancy, you gave the landlord a payment for the last month’s rent and for the security deposit, and that the lease or rental agreement labels part of this upfront payment “last month’s rent.” in this situation, you have paid the rent for your last month in the rental unit.
Last edited by itsmeblake; 02-11-2013 at 06:43 PM..
It seems that I have verbiage/language on my side because in my lease, the 1st + last month of rent was collected together as one single amount $2800 instead of $1400 1st and $1400 last.
Can the money be collected all together but used for 2 different things?? It seems to me that the whole $2800 would be applied to rent and not just half of it (seeing as how it was collected as the same payment).
I have to go to court wed and am stressing about this because it will make it hard to rent another house. Help me!
I have to go to court wed and am stressing about this because it will make it hard to rent another house.
I'd be stressing too.
If you can't make your case in 2 or 3 paragraphs you won't make it in Court either.
You may even have a case but I'm not weeding through all that to look for it.
That's your job. You can be sure that LL can make his point in 3 sentences.
I can can prove that I paid rent for November and that December (last month) was paid upon signing the lease. I guess I don't understand the LL's case. Anyone know why he might be saying that rent is not paid?? Am I doing something wrong?
I have not even gone to trial yet.... why would the Sheriff come now? It seems to me that the Judge may rule in my favor. I guess I'm just trying to get some insight as to why a LL would file an unlawful detainer BEFORE the end of the 60 day notice if he has been paid for all 60 days???
I moved out well before Jan 9th and currently have a lease at a whole new property. I really don't have the time or money to entertain this further.
I have not even gone to trial yet.... why would the Sheriff come now? It seems to me that the Judge may rule in my favor. I guess I'm just trying to get some insight as to why a LL would file an unlawful detainer BEFORE the end of the 60 day notice if he has been paid for all 60 days???
I moved out well before Jan 9th and currently have a lease at a whole new property. I really don't have the time or money to entertain this further.
It's a process... could take weeks or months.
Is the landlord using a lawyer or going it alone? There is a lot to know being a Residential Landlord in California. Could be the Landlord has made a procedural mistake... even though the intent seems clear.
The LL always CC's a lawyer on everything, but I have never been able to get in contact with and my brothers lawyer was not able to find the this so called lawyer's Bar number.
LL filed the POS "Proof of Service" when the document clearly states that a 3rd party has to do it. I would think this would have been done by the lawyer if he had one.
He also states that POS was served in person, this is not true. He served this via mail... I live at a new address that he dose not have and I have not met with the LL in well over 6 months. I just happened to go by the old house to check the mail sometimes (thinking it was still my house till Jan 9th).
Last edited by itsmeblake; 02-12-2013 at 11:32 AM..
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