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I filed a demurrer cause my landlord filed an unlawful detainer on me . I

San Bernardino, CA |
Filed under: Litigation

I didn't realize that he had refused my rent
Via mail and today's the 7th and I still
Have yet to receive it back
From the post office. I paid my rent on the 17th and I had let him Know we were running late due to a mix up at my husbands work. He was waiting
On a personal check from his boss and she wasn't able to deliver until the 17th. I emailed text and called left voicemails which were all ignored unti after the 22th and I don't think it's right he could ignore us and just act as of we never tried to get a hold of him. I want to know if I need to hire a lawyer of I have no money for them?

Attorney Answers 3

Posted

Your landlord does not have to accept your rent if it is late and can file an unlawful detainer. It is unfortunate in the situation that you describe that the landlord would, especially if you have not been late before. You may want to go to your local legal aid for help if you feel you are being wrongfully evicted. The reality is, if your situation is one of frequent late rent, you are likely going to have to find a new place to live and you may want to come to an agreement with your landlord and his attorney if he has one so that you avoid an eviction on your credit. A demurrer because he wouldn't acknowledge your calls and take your rent is not going to be successful.

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Posted

This is a multiple repeat question. You have gotten many good answers so use those.

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1 lawyer agrees

Posted

Did he serve a 3 day notice to pay or quit? if so, and you didn't tender the payment, he can file a UD action.

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