5 Day Notice To Vacate Ends Today! Illegally

[Lhibbard]

On Dec 13th rec'd a 3 day notice to pay $450.00 of rent that was due, in which I already paid on the 12th. I wrote a letter on the 4th explaining that the sinks have been leaking since I've moved in and a pipe or something from the upstairs apt was leaking onto my new bed. The landlord failed to do anything but give me notice. The Summons was taped to my door on Dec. 17th, even though everything in the 3 day notice had been resolved. I called the landlord on the 17th stating that I paid this and he promised to call the lawyer and cancel. There was my first mistake in not getting this in writing. Then we spoke again on Dec 28th in which I was paying my security deposit monthly, $2000 of which I had already paid $1300 since June of 2009. We were going to work out a schedule so that I paid this by the end of this month. I figured I would be able to do so. He called me on Jan. 5th to sit down and go over the repairs that needed to be done and our agreement as to the remaining security depoist of $700. Then on Friday, Jan. 8th I come home to see a 5 day notice to Vacate. I about cried, and I did, because I did everything that was stated in the 3 day notice and my landlord said he cancelled the Unlawful retainer. I even paid my rent for Jan on the 2nd by money order and he accepted it. So I called him on Friday and he said that someone complained of noise in my apt. and that he was going through with the eviction. Well this didn't make any sense at all, since the Summons was stating that I didn't pay my rent, in which I paid it before the 3 day notice. Doesn't he have to start all over with a new request if the issues change from his orginal request. Then, can I still submit the request for a Stay, Form CD-160 Application and notice of application and hearing for order to quash ex parte writ of possession, or is it too late since I didn't make it to court today before it closed? I didn't respond to the original summons because I thought my landord cancelled it and we talk once a week, so I am confussed by all of this. I also have a 10 year old son, and now I hear they are going to throw us on the street tonight at 12am. I should have filled out the forms, and just today found out what forms I could process now. Should I file a response? What can I do? I'm moving some stuff to my neighbors just in case, but should I get a truck and a storage unit and then sue for damages pain and suffering and illegal eviction?

 

[mightymoose]

The landlord can't legally force you out until a judge signs off on an eviction order. Don't give in to threats... hold your ground unless the police order you out... and they are unlikely to do that.
If I understand what you have written here correctly, you have only been given a 5 day notice. Since, from what I understand, you have paid your rent and are current, then you met the requirements of the demand with the payment.
Make sure you show up for any court dates and argue your case. Be sure to have copies of your proof of payment... that will take the wind out of the landlord's eviction request.