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I have failed to pay my rent for the Month of March due to some other expenses?

Having a dispute with a tenant or landlord? Rental Law discussion

I have failed to pay my rent for the Month of March due to some other expenses?

Postby golding » Fri Apr 01, 2011 6:30 pm

I have already been given a "3 day notice to pay rent or quit". I have tried to arrangements with the landlord, but he doesn't want to make any arrangements. And I am fine with that he has every reason to be upset and want me out. He advised me has hasn't started the eviction process, but will on Friday, if the rent is not paid. I will not have the rent & won't have it till 3/29. And of course by that time that will actually be April's rent. By question is what happens next? I was told I have 30 days to move out? If I move out before the 30 days, does the eviction still stay on my record?
golding
 
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I have failed to pay my rent for the Month of March due to some other expenses?

Postby jorel » Fri Apr 01, 2011 6:35 pm

NO, you do NOT have 30 days. You have the 3 days stated in the notice. If you do not pay or move out then he can file the eviction in court on the 4th day. You would have to pay the rent AND late fees IN FULL before he files in court in order to stop it.

EDIT: You do not automatically get 30 days to move out. The eviction process can be as quick as a couple weeks in many areas.

It is really not in your best interests to wait for the court order to move out. If you wait for the sheriff to remove you then you are not allowed to take any of your stuff with you. You are allowed to take your cloths & meds but that is IT. The sheriff is not going to stand around & wait for you to move out. You then must make arrangements with the landlord to get your belongings.

EDIT: NO. Once you go to court you have as many days as the court gives you. You do not automatically get 30 days. In fact you only get 4 days in my area.

Yes, but you have to pay before he files in court.

EDIT: No that would be illegal in most states. If you have the rent in full he cannot refuse it & evict you for non-payment. If you only have a partial payment then he can refuse it & go forward with eviction.
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I have failed to pay my rent for the Month of March due to some other expenses?

Postby colum » Fri Apr 01, 2011 6:53 pm

If he serves you with a 30 day written eviction notice, it will be on your record no matter how soon you leave. He has the option to withdraw the eviction if you pay the rent. Or he can proceed. Either way, he's going to sue for the back rent and he will be granted a judgment against you
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I have failed to pay my rent for the Month of March due to some other expenses?

Postby langford59 » Fri Apr 01, 2011 7:01 pm

If he proceeds with the eviction you will still owe the money and your credit score will be affected and stay on your record for at least 3 years. The eviction process will probably take 30 days but you still owe the rent for that time period as well as the prior deficiency.
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I have failed to pay my rent for the Month of March due to some other expenses?

Postby barraq » Fri Apr 01, 2011 7:12 pm

If he proceeds with the eviction you will still owe the money and your credit score will be affected and stay on your record for at least 3 years. The eviction process will probably take 30 days but you still owe the rent for that time period as well as the prior deficiency.
I'm sorry to tell you this but no.

Sell something, anything.

Steal something.

God dam it you live in CA get some weed and sell it for anything!

Do something for money. Or live with your parents or a good friend for a while.

Do the lottery?
barraq
 
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I have failed to pay my rent for the Month of March due to some other expenses?

Postby sceley » Fri Apr 01, 2011 7:17 pm

If he proceeds with the eviction you will still owe the money and your credit score will be affected and stay on your record for at least 3 years. The eviction process will probably take 30 days but you still owe the rent for that time period as well as the prior deficiency.
I'm sorry to tell you this but no.

Sell something, anything.

Steal something.

God dam it you live in CA get some weed and sell it for anything!

Do something for money. Or live with your parents or a good friend for a while.

Do the lottery?
yes, if it goes to court, it goes on your record. you have 30 days to get out, so start packing.
sceley
 
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I have failed to pay my rent for the Month of March due to some other expenses?

Postby gerard » Fri Apr 01, 2011 7:28 pm

Yes, it still stays on your record. You are evicted because you failed to pay your rent - moving out before that will not change anything.

Good luck.

EDIT: It goes on your record because the management company sends the eviction for non-payment to the credit companies - it has nothing to do with going to court. You have 30 days to move out once he starts the eviction process - the eviction process gives him the legal right to make you move out of the apartment, because you live there and that makes it your residence - whether you are paying or not. That is why they have the eviction process... it doesn't have anything to do with the eviction going on your credit.

The eviction is going to be on your credit report unless you can find a way to talk him (or the management company if he isn't the owner) out of reporting it.

EDIT #2: Depends on what you meant when you said he didn't want to make arrangements. You will just need to ask him if he will accept rent and stop the eviction process. My guess would be that he will not agree to that, but it could be a possibility.
gerard
 
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