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Can I still be evicted?

  
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Can I still be evicted?

Postby chason58 » Sat Jul 21, 2012 2:49 pm

We owe my landlord rent, we are in the state of California, we paid some of the past due rent, but we still owe some plus the fees for the eviction process. I text her and told her I would pay a certain amount every week until it was paid in full if she would stop the eviction, she agreed, today we found a paper posted on our front door from the sherriffs department telling us we have six days to vacate. Is that legal?
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Can I still be evicted?

Postby ailwyn » Sat Jul 21, 2012 2:50 pm

I regret to tell you that it is perfectly legal. Hurry and find some where else to live.


Edit.
Lets understand one very important item here, the fact that you are paying or have paid some of your arrears is not a defense against your eviction, it is just a question of paying what you owe.If you are still in arrears, then the landlord has grounds for an eviction. There is another side to this story, you being in arrears, you do not present to the landlord the kind of person that he can deal with, that alone would make him seek eviction. I am sorry for this news but the eviction will go ahead, they are never nice but get somewhere else as fast as you can
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Can I still be evicted?

Postby siwili » Sat Jul 21, 2012 2:59 pm

Yes, it's legal. And hopefully, you have the texts where she agreed to the payments for when she calls you into court to vacate the property. THAT will be your defense that she is renegging on an agreement between the two of you.
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Can I still be evicted?

Postby darrick34 » Sat Jul 21, 2012 3:05 pm

not only take a record of the text messages between you two but also any and all reciepts as proof of payment on the prearranged araingment
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Can I still be evicted?

Postby abelard29 » Sat Jul 21, 2012 3:12 pm

Did you pay her? If you paid her before the court date and she took the money she can not evict you. Since you owe it after the court date paying it after that will not effect the eviction. It is not as if you are entitled to keep her money just because you are being evicted.
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Can I still be evicted?

Postby iomar » Sat Jul 21, 2012 3:16 pm

Yes it's legal. It is however, ILLEGAL to live on someone's property without paying.
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