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Julia Nunez, Home Buyer in San Jose, CA

Do I still have to pay my rent when I receive a letter of eviction. My landlord gave me 2 months to move out. But i'm not going to have any money to

Asked by Julia Nunez, San Jose, CA Sat May 4, 2013

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Jose Adame’s answer
Julia,

If you believe that your co-workers are legal experts than listen to them otherwise if you think your tenant's rights have been violated than seek legal advise from an attorney.

Many people make the mistake to listen to family members, friends and co-workers in areas that in most cases they are not qualified for.

If you were in a month to month rental agreement and even though you've been there for over 10 years, your landlord may have the right to provide you with a 60 days notice for legitimate reasons to regain control of the premises (sell of the property, repairs, to live in it, etc.).

Giving a 60 days notice to move is not an eviction but a notice of termination of tenancy.

I hope this helps...

Jose Adame
0 votes Thank Flag Link Thu May 9, 2013
I'm with Terri - I'm baffled when I see tenants that think that they have a right to not pay rent for any reason. Do you think you can stop paying your car payments, grocery bills, PG&E and so on?

I'm not sure of your situation, but in most cases, the landlord holds first and last month's rent along with a damage deposit - which you get back if you've kept everything in good condition. The landlord appears to be doing everything correctly - so should you.
3 votes Thank Flag Link Sat May 4, 2013
Absolutely. You need to pay for the months that are still going to be living there. Honestly, the question surprises me! Nothing is for free!
2 votes Thank Flag Link Sat May 4, 2013
Julia,
I was thinking did you really receive an eviction notice or did you get a notice that your lease is not going to be renewed?

Perhaps your lease is up or you have been on a month to month.

Perhaps the landlord is selling the property, moving back in, or lost to foreclosure.

In any event, please read the link I provided before and rent should be due for the amount of time you are occupying the property based on the terms of your lease and the law.

Try to work with the landlord so that it is a win-win situation for all.
Web Reference: http://www.TerriVellios.com
1 vote Thank Flag Link Mon May 6, 2013
It depends. Eviction is different from notice to vacate and, if you are current with your rent, it is most likely that you got a notice to vacate. A would review this situation with an attorney. Most likely you have to pay.
Web Reference: http://talisrealestate.com
1 vote Thank Flag Link Sat May 4, 2013
Hi Julia,

We don't know your current financial situation and as I can see many are assuming that you just decided not to pay your rent. I do agree with my peers that you cannot expect to live rent free anywhere.

If you are getting evicted because you make a conscious decision not to pay for rent then your only choice is to move out before getting evicted by the sheriff. You credit will be affected and it will be harder for you on finding a new place to live. So you don't have many options.

If you are getting evicted because you didn't pay your rent due to financial hardship (job loss, divorce, health, etc) then try getting financial help through a public or non-profit organization.

I do hold rental properties myself and as a landlord I have the right to take legal actions for tenants that are not paying their rent. There have been times when I worked things out with the tenants without evicting them.

If you have been a good tenant and are having a temporary financial set back or something un-expected has happened that led you not to pay rent, then try talking to your landlord and see if there is something else that can be done. As all human relationships, communication is key.

There isn't enough information to be able to provide you with guidance and I do not want to run in any kind of judgment.

PS: This is not intended nor directed to anyone that have provided their professional advise here. I appreciate all of your inputs and let's keep providing guidance.

Hope everything works out for you

Jose Adame
AMERILAND REAL ESTATE
408-315-6320
Info@Joseadame.com
Web Reference: http://www.JoseAdame.com
1 vote Thank Flag Link Sat May 4, 2013
Have you talked to the landlord and tried to negotiate a resolution?
1 vote Thank Flag Link Sat May 4, 2013
Julia:

What does your eviction notice say? Many times the eviction notice is a notice that if you fail to pay rent you must move out in the time frame stated. Keep in mind that an eviction can be public records depending on your county and can end up on your credit report making it difficult for future landlords to rent to you. You should try and work something out with your landlord as communication is the best key. Best of luck to you and your family.

Have a great weekend.

Christina Solorzano;
CEO & SR Credit & Mortgage Consultant of
Everlasting Credit
Ex-Mortgage Broker of more than 10 years
http://www.everlastingcredit.com
1 vote Thank Flag Link Sat May 4, 2013
If you decide not to pay the rent and go forward with the eviction, you will hurt yourself more than benefit from your decision. You will get an eviction on your credit report and that will make it more difficult to find a place to rent in the future as future Landlords would not trust you. Do the right thing, and move on.....
1 vote Thank Flag Link Sat May 4, 2013
Thank you Julia for your question:

Terri Vellios said it best, yes you still need to pay your rent.

Also, at the new place that you move to, your future landlord will probably ask to talk to your previous landlord. You want a good reference from the landlord where you are living now. If you stop paying your rent, I guarantee that you will not receive a good reference from your current landlord.

Right now in San Jose thee is an enormous amount of competition for the few places that are for rent. If you want to have any chance of getting another place to rent, you must get a good reference from the landlord that you have now.

Thank you,
Charles Butterfield MBA
Real Estate Broker/REALTOR
American Realty
Office Phone: (408)269-4238
Cell Phone: (408)509-6218
Fax: (408)269-3597
Email Address: charlesbutterfieldbkr@yahoo.com
DRE#00901872
.
1 vote Thank Flag Link Sat May 4, 2013
Really? Are you planning on staying there for the two months? Why would you think you would be able to stay for free?

David Rudd
Kindred Real Estate

david@kindredre.com

CA DRE # 01402946
1 vote Thank Flag Link Sat May 4, 2013
also consider this landlord will be a reference for your next place. always take care of your credit rating it helps keep your options open in the future.
1 vote Thank Flag Link Sat May 4, 2013
You have a lease that states you can live there and in exchange you pay rent. Why would you think you could live there for free?

http://www.dca.ca.gov/publications/landlordbook/

The above link should answer questions for you regarding the law.
Web Reference: http://www.TerriVellios.com
1 vote Thank Flag Link Sat May 4, 2013
Thank you for all your answers--1 of my co-workers said that 1 should sue and lardlord and that I shouldn't be paying rent,because 1 have been here about 10 years and there was no reason to give me a notice--thank you again
Julia
0 votes Thank Flag Link Wed May 8, 2013
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