I didnt pay my rent and now my landlord says he is taking me to court, What do i do under these circumstances?
I did not pay my rent on time and I avoided my landlord. I told her that I would give her the money in 2 days when I get paid; however, she yelled and threatened me that was going to take me to court. I know its 25days late but I plan on paying it. Not only that but she told me to stay away from the property, even though all my belongings are there. Not only that, but next month’s rent is do come next month. Should I just allow her to take me to court being she is already threatening to call the cops on me and has denounced me over the phone repetitively?
As a landlord she has been making my staying pretty miserable, Please read.
-She was always popping up with out calling me.
-She never gave me a mailbox key
-She had my water shut off, (it was under her name and she was okay with that and we had an understanding that I would pay it)
-She did not call me to tell me she was going to have it shut off, and I was with out water for 36hours.
-I never received my mail because of her failure to provide me with a key and was unable to get my bills and regular mail
-We never signed any contract what so ever. It was all verbal
-2 months living there she increased my rent from 1,300 to 1,500 in the same month it was do.
Does she have a case if I just neglect to pay her and battle out in court? I’m sure there are real-estate laws she has violated California Real Estate laws with the water and failure to provide a key and increasing my rent. Someone please help me, I want to go to court prepared if that Is the case. What laws were violated if any? What should I do?
Answers:
Hon, have you documented any of her abuses? If not, do so now, get you act in order, you do not have to pay her rent once she has initiated court proceedings. 1. She must send you a proper 5 days notice (in writing). 2. She must file with the courts for a hearing and, 3. You and she must appear in court to plead your case and when you go you bring all of your documentation and show them to the attorney that you may possibly have hired.
And then have him plead your case to the judge. That's all I have to say on that!
I think they have to give you a 30 day grace period in which to find a new residence in if you are failing to pay rent.
If by popping in, she just randomly walks into your apartment without asking you, I'm sure there are laws against that. Maybe invasion of privacy or something.
raising your rent by 200 dollars seems a bit steep, I see problems with that if she really wants to take you to court. I think the biggest case she has would be gathering her rent money in small claims court.
Verbal contracts will have no binding contracts...I just got out of a lawsuit with my landlord. Honestly even if they win its very unlikely you'd ever have to pay lol. Anyways if she did win legally she'd have to give you all your belongings...If it was a legit contract you have 72 hours legally to grab your stuff and if she wont let you call the cops and say she is trying to steal it. They will arrest her *** because non payment is not a jailable offense but theft is. If you dont want to make a battle of it...give her some cash so you can go get all you stuff then deny ever making a contract with her say that all you know is your verbal contract was 300 dollars a month...and only month to month and you made the payment and she is just trying to screw you over. How old are you? because that will have a lot to do with it. You should email me and ill tell you more.
Doesn't sound like you have much of a case. Since you didn't have a written contract, she can raise rent whenever she wants. Some of the things she did are unacceptable, and you can take her to court for them, but they are not serious enough to justify withholding rent under the fix-and-deduct principle. I'm pretty sure you will lose the case. Just pay up as soon as possible and get your stuff out and get out of there.
Actually - let her call the cops - unless she has a legal paper evicting you SIGNED by the court officer.it's still you house. She can take you to court and get you evicted...nonpayment of rent is grounds, but in the meantime she cannot stop you from residing there or getting your things...It's really hard to take advice from some random person over the internet so I would suggest you call California Rural Legal Assistance..(CRLA) .they handle evictions cases free of charge and will be able to help you better understand your rights in the California tenant laws---if your not from CA I'm sure your state has something comparable...contact your local entities or even the court house may have the information
"I didnt pay my rent and now my landlord says he is taking me to court, What do i do under these circumstances?"
Answer: Pay your rent
"I did not pay my rent on time and I avoided my landlord. I told her that I would give her the money in 2 days when I get paid; however, she yelled and threatened me that was going to take me to court."
Answer: Of course she's mad...I'm sure she has bills to pay as well...you not paying on time is probably putting her in a financial bind. And yes...she will take you to court.
" I know its 25days late but I plan on paying it. Not only that but she told me to stay away from the property, even though all my belongings are there."
Answer: I'm suprised she waited that long...most landlords only give a 5 day grace period before they proceed with eviction. Also she can tell you anything she wants...but with out a court order you can stay put.
"Not only that, but next month’s rent is do come next month."
Question: And do you plan on paying that one on time?
"As a landlord she has been making my staying pretty miserable, Please read."
Answer: Sounds to me like your not making it easy on her by being late with rent.
-She was always popping up with out calling me.
And what did she say when you told her not to?
-She never gave me a mailbox key
You need to send her a CRRR letter demanding a copy of the key.
-She had my water shut off, (it was under her name and she was okay with that and we had an understanding that I would pay it)
Did you pay the bill?
-She did not call me to tell me she was going to have it shut off, and I was with out water for 36hours.
See above...
-I never received my mail because of her failure to provide me with a key and was unable to get my bills and regular mail
again see above...
-We never signed any contract what so ever. It was all verbal
There is not such thing as a verbal real estate contract. Without a lease...you state automatically provides a tenancy at will agreement...check out you local laws on it's provisions.
-2 months living there she increased my rent from 1,300 to 1,500 in the same month it was do.
Without a fixed term lease...she can raise your rent whenever she wants with proper notice.
"Does she have a case if I just neglect to pay her and battle out in court? I’m sure there are real-estate laws she has violated California Real Estate laws with the water and failure to provide a key and increasing my rent. Someone please help me, I want to go to court prepared if that Is the case. What laws were violated if any? What should I do?"
YES...she has a VERY strong court case...you see, by not paying rent you have opened yourself up to a huge mess. I don't believe she has violated any laws and a judge will most likely side with her since you violated your "tenancy at will" by failing to pay your rent. Once the judge signs the judgment order against you...you can expect to be booted out within a week.
If past due rent still remains unpaid.landlord can make it very difficult for you to find other housing...affect your credit report...garnish your wages..and attach your bank accounts.
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