[ramplate]

Hi,
A friend in California had a note tacked on his door about eviction.
She is evicting him because he was late three times with his rent.
He was a day late in two cases and two days late in the third.
The first time was his first rent check, and he just missed the one day.
The second time, he repeatedly tried to e-mail his landlord to make arrangements with her because he was going to be out of the country. She did not answer his e-mails.
The third time she left a note that she was PERSONALLY going to get the rent checks - so he (and others) expected to see her in person, but after checking with her she said she just meant the regular person who picked up the checks from the usual mail box wasn't doing it that day - she was going to go to the mail box herself - so a lot of people were late - he was two days late that time.

After getting the eviction notice he contacted her, and she said she purposely did not answer his e-mails so he would be late - she wanted to kick him out because she thought the other people he was living with were a bad influence on him, so she wanted him to find another place where he could be someone and stop wasting his life with his friends.

In other words, she purposely did not make an effort to return his emails so he would default on his rent three times. That isn't legal is it?

[smoothy]

Um... its YOUR responsibility to have the checks sent in time to arrive before the due date... the landlord don't have to bend over backwards to get them late off you. Or even accept them late. YOU get the check to them on time... no "arraingments" should be required of the landlord.

I managed to do it for 17 years without being late once... before I bought a house... and the last 16 years was only late once with a mortgage payment because the payment was lost in the mail.

You have 60 days before the eviction can be enforced in California... so its time to spend it looking for new accommodations.

[ScottGem]

First the landlord cannot evict him. An eviction is a court order. What the landlord CAN do issue a vacate notice. In his case, since he has been there less than a year, she can give him 30 days notice to vacate. If he doesn't vacate, then the landlord goes for an eviction order. This will give him the opportunity to fight it since a court hearing will be involved.

However, I doubt if he can win.

[ramplate]

Ok thanks for your answer