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Landlord demanding all rent at once despite agreement to pay weekly Rent, Utilities

Discussion in 'Other Residential Landlord & Tenant Issues' started by Clarke M, May 9, 2019.

  1. Clarke M

    Clarke M Law Topic Starter New Member

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    Jurisdiction:
    California
    I have been living in a house in Los Angeles for over a year. I had been having financial issue throughout and came to an agreement with my landlord to pay rent weekly. Due to some overwhelming issue with me and the landlord he started to ask me to move out. He even gave me a 30-day notice to start the process. Today, I received a 3-day notice to pay or quit in regards to the other 3/4s of the rent I am to owe him. I already sent him the first weeks worth, and was going to send him the second weeks worth on Friday.

    Can my landlord demand the difference in rent all at once even thought there is an agreement to pay weekly? Can he demand it using the 3-day notice?
     
  2. Zigner

    Zigner Well-Known Member

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    If you can show that your original agreement to pay monthly has been modified to allow you to pay weekly, then he's not going to be able to force you out on that basis. In fact, because you have lived there over a year, he will be required to give a 60 day notice. Additionally (just in case it comes up), you are not a weekly tenant, rather, you are a month-to-month tenant is has, with agreement from the landlord, been paying the monthly rent in 4 installments.
     
    Clarke M likes this.
  3. Clarke M

    Clarke M Law Topic Starter New Member

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    the agreement to stay has all been verbal. and the change to paying weekly has only within the last few months. I don't have any specific agreement saying I would pay weekly, but I do have text message that specify asking for certain weeks rent.
     
  4. army judge

    army judge Super Moderator

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    If the agreement isn't in writing, signed, dated, by all parties, it means little more than the mysterious markings on some cave in the desert southwest.


    Well, there it is, mate.

    You DO have the answer.

    You don't have a written agreement, but you DO have a demand to pay your rent.

    I suspect if you don't pay, a formal eviction is in your future.

    Good luck.
     
  5. Zigner

    Zigner Well-Known Member

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    If the OP can prove that he began paying rent on a weekly basis, and that the LL accepted it on a weekly basis, it might tend to prove that such an agreement existed.

    While it's true that the OP may end up in court on this, the eviction might not be granted.

    EDIT: Especially in CA
     
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  6. adjusterjack

    adjusterjack Super Moderator

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    An oral agreement is just as enforceable as a written agreement. It's just hard to prove the terms. Your text messages could be useful evidence in court so don't lose them.

    Have you paid your weekly rent on time (same day of the week regularly) or are you in default of that agreement? Have you got documentation of the payments or are you one of those people who pay by cash and don't get receipts?

    If you are paying on time, I suggest you respond to his 3 day notice in writing reminding him of the agreement and providing a written transcript or photo of the text messages.

    Just make sure you keep paying on time each week no matter what and keep documentation of the payments. Pay by money order if you have to so you have a record of it.

    If he files for eviction in court you'll have to decide if you want to move or raise defenses against eviction.
     
  7. army judge

    army judge Super Moderator

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    The mere filing of an eviction should be avoided as one would do if they knew someone had ebola, bubonic plague, or smallpox.

    The filing of an eviction action will haunt a person for 30, 40, 50 years, maybe longer.
     
  8. Clarke M

    Clarke M Law Topic Starter New Member

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    An agreement was made, verbally, to pay weekly / in payments. I have bank records of the payment sent to the LL. The LL has attempted to start a process of kicking out the OP due to some civil things. The LL initially gave a 30-day notice, since the OP has been there over a year, a 60-day notice is required. And the LL was advised of that. The OP has technically sent first weeks payment for this month, but received a 3-day notice today in regards to the rest of the month rent, not the second weeks worth..
     
  9. Clarke M

    Clarke M Law Topic Starter New Member

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    WHAT?!
     
  10. adjusterjack

    adjusterjack Super Moderator

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    An eviction is public record that stays on your credit report for 7 years, or as long as a judgment is enforceable, which is sometimes 10 or 20 years. However, usually harmless after 7 years if you managed to maintain an otherwise good credit score.
     
  11. Clarke M

    Clarke M Law Topic Starter New Member

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    I get that. I was caught off guard by all the diseases the other specified.
     
  12. adjusterjack

    adjusterjack Super Moderator

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    Exaggeration and hyperbole are Army Judge's way of getting somebody's attention. :D
     
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  13. army judge

    army judge Super Moderator

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    You're wise to my wily ways, mate. ;) :)
     
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  14. mightymoose

    mightymoose Moderator

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    Just curious by the way you phrased it.... Does the landlord live in the residence as well? Are you renting a room in the house?
     
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