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
Jose Adame, Agent, San Jose, CA
Thu May 9, 2013

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
The Medford…, Agent, Fremont, CA
Sat May 4, 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
**** that, try owning your own home, renting out some of the rooms to make money on your investment and see how it feels to not get paid for the services rendered. No one is entitled to another's resources, try taking responsibility for yourself by paying rent, no one's forcing you to stay where you can't afford to live, and it certainly ain't the landlord's problem where you get the money to pay him for the roof over your head.
Flag Tue Mar 8, 2016
Some of us , live pay check to pay check,so if they pay rent when knowing they will be kicked out and then have no cash to get a place is wrong, what happens if they have kids or are elderly? You sir are just a money grubbing dick of a landlord, and if I stayed at any of your home's ID make sure to destroy the place before I left and just move to a diff town.
Flag Sat Mar 5, 2016
Cindy Davis, Agent, San Diego, CA
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
But what about getting a letter to quit just because he wants to move in not because I've done anything wrong how am I supposed to pay the rent after I get a letter of intent to leave and I gotta find a new place where was that money going to come from today just just sumerall rich
Flag Wed Feb 15, 2017
Missxmiss777, Home Buyer, San Jose, CA
Mon Apr 3, 2017
I'm surprised that people care about collecting money so bad that they'd contribute to homelessness. So if a tenant has kids and is out of luck with a job (because lets be real this capitalist economy isn't doing well) its OF COURSE the tenants irresponsibility that drove them and their kids to homelessness. The holy landlords only raised rent to unreasonable market prices.
1 vote
Thank you! Everybody else comments make it seem like she was dumb to ask... Of course the world know you. Can't stay somewhere free so her question was. Just a simple question that didn't need that are you serious responses!
Flag Wed Apr 12, 2017
One more thing cause I couldn't fit it in my last reply. I'm not money hungry by any means. But I can't afford keeping a roof over multiple families' heads. I have my own family to worry about.

Yes the tenant has been told he needs to move out by X date, but just cause he's mad doesn't mean he has the right to not pay this month's rent. Someone is paying for the roof over HIS head... if it's not him then it's me. That's not right.

He says he's not trying to screw us over... and yet, that's the opposite of what he's doing.

I don't see how a tenant could be staying under someone else's roof and think they aren't responsible to pay to stay there. As long as he's under that roof, he owes rent. Period.
Flag Mon Apr 3, 2017
Landlord here. My tenant is also withholding rent because he is mad we aren't renewing his lease even though his rent has been late EVERY SINGLE month this year. Not just a couple days. Weeks and even months late in some cases. And he's surprised we don't want to continue to rent to him. And he thus is not paying this month's rent.

I understand that he will need to save for a security deposit for his next place. However, HIS mismanagement of money is not MY problem. If he didn't want to be in a bad financial spot, he could have made better financial decisions, paid his rent on time over the course of the last year, and then we would be willing to continue to rent to him.

He has a job, but how he spends his money is his choice, and he chose to buy a new snowblower instead of paying his rent. He claims he was out of work due to an injury, but was at the next door neighbor's house at the same time doing maintenance work there for her.

People reap what they sow.
Flag Mon Apr 3, 2017
Terri Vellios, Agent, Campbell, CA
Mon May 6, 2013
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:
1 vote
Elena Talis, Broker, Palo Alto, CA
Sat May 4, 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:
1 vote
Jose Adame, Agent, San Jose, CA
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
Web Reference:
1 vote
Doug & Bud Z…, Agent, Placerville, CA
Sat May 4, 2013
Have you talked to the landlord and tried to negotiate a resolution?
1 vote
Christina Ha…, Other Pro, Morristown, TN
Sat May 4, 2013

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
1 vote
Ezequiel Pan…, , San Jose, CA
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
charles butt…, Agent, san jose, CA
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:
1 vote
David Rudd, Agent, San Diego, CA
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

CA DRE # 01402946
1 vote
, ,
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
Terri Vellios, Agent, Campbell, CA
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?

The above link should answer questions for you regarding the law.
Web Reference:
1 vote
Julia Nunez, Home Buyer, San Jose, CA
Wed May 8, 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
0 votes
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