QUESTION

Can a landlord evict if they did not serve you a 3 day notice

Asked on Jun 17th, 2017 on Landlord and Tenant Law - California
More details to this question:
My mother rent a unit under a rent stabilized building. The landlord, a few months ago, offered my mother $10,000 to leave the premises. My mother did not follow up with that because she is happy where she is and did not want to move. My mother has a lease that started on the 18th of the month with the previous managers and she has consistently for the last six years paid her rent on or about the 5th of each month. She is also a tenant who receive Section 8 housing the landlord excepted the Section 8 portion but when my mother attempted to pay her portion she was told that her money was not going to be accepted because she did not pay by the 1st of each month as she was supposed to. My mother has always paid about the 5th of each month because my younger sister is disabled and receive Social Security benefits which is not available until the 3rd. Her landlord stated that they served her a three day notice on the 2nd. My mother received no notice and was confused when they would not accept her payment. The landlord has filed eviction process for non-payment of rent what are her rights and how can she prevent losing her home and Section 8 due to the landlord attempting to remove her from the property illegally. The landlord is removing all of the original tenants and then raising the rent a substantial amount. The building is rent stabilized and removing the tenants allows the landlord to receive the rent that he chooses once a new tenant moves in. What can my mom do if she was not served a three day notice? The landlord has consistently accepted the payments under these terms via verbal agreement but now is using false information to evict her from the premises.
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1 ANSWER

Is there a provision in the lease, as in most, that the rent is due the first but not late until the 5th? She should contact the prior owner and get something in writing that he had agreed she could pay on the 5th because that was when the Social Security payments came in; point out that that is not a subsequent oral agreement that modifies the written lease so barred by the parole evidence rule as the prior landlord accepted the change by his actions. The new owner is subject to the terms of the prior lease unless they give proper notice [30 days] to the tenant that there are new terms. A tenant must made a clear offer to pay and if the landlord refuses to accept, the actual payment of rent is not required [otherwise, a landlord could just return any tenants check for the rent and say the tenant is late]. When you say the rent is stabilized, do you mean by contract with Section 8 or a local rent control law. If the latter, you have to find out what the provisions are for evicting a tenant, as many cities forbid eviction just to be able to raise the rent. A three day notice must be personally served on you, or if you are not there when they try to serve you, the notice must be posted on the door or other visible area and a copy mailed to you.The problem with arguing that is that it becomes the server's word against your word and the judge has to decide whom to believe. Communicate to the owner all of your arguments and information, but if there is no local rent control law, he will just try to start the process over again and give a 60 day notice of termination of the lease.
Answered on Sep 05th, 2017 at 4:29 AM

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