Can my landlord still evict me even ifI am caught up on my rent?

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Can my landlord still evict me even ifI am caught up on my rent?

I am being evicted for 1 month pass due rent. I was served with a summons and complaint for an unlawful detainer. Before I went to the courthouse I spoke with my landlord and had the rent to give her. She would not accept it. I proceeded to file my answer with the court and stated that on my answer. What are my chances of not having to move?

Asked on August 12, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your landlord elected to simply serve you with an eviction notice after you were late in paying rent and then served you with a filed summons and complaint as opposed you giving you a three day notice to pay or quit where you could have paid your overdue rent in that time period, that is the landlord's choice.

By failing to pay your rent on time to your landlord is a breach of your lease for the unit that you are renting. The landlord desires to end her agreement with you by way of a court decree where she seeks an order evicting you from the unit.

Unless the landlord changes her mind about keeping you as a tenant, the chances of you being evicted for failure to pay rent are about 95% at the upcoming hearing.


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