paid backrent landlord says he sent 60day notice after visit from housing inspector

[cdiaz31072]

I was behind two months on my rent, so I owed my landlord $1,200.dollars On12-24-12 I sent my wife to the landlord office to go pay the full amount.She paid the rent that was owed,And got our rental receipt,right after that the landlords assistant tells my wife that they are still moving forward with the eviction, my wife asked what eviction? the landlords assistant said that they had served us with a 60 day notice,to vacate the property,my wife tried to explain to the assistant that we never received a notice.the landlords assistant said the 60 day notice was for backrent which is already paid, and destroying the property,Now thats when it hit me I believe it was about a week or two ago we had a housing inspector come and check all for apartment complexes.The inspector told my wife That the landlord had to come repair a few things in our apartment.We live in San Pedro Ca, I believe in a rent controlled area. now I find it strange That before I owed 1,200 i Had owed the landlord about $3,000 dollars and not once did he ever make a complaint I was out of work at the time, when I returned to work I was making payments every two weeks. Now i am completely caught up with my rent, and i believe that he is trying to blame me for the damages the inspector found on the property,that he has to repair I have lived on this property for over 20 years.and I have not seen the owner on the property in years when my wife asked when they were going to our apartment her assistant said as soon as we move,everytime i asked them if they could come repair something on the property they would tell me they couldnt fix it untill we were fully caught up with our rent .is any of this legal does he have a case,or is this a retaliatory action so he does not have to repair anything if we are not living their .

 

[shrinkmaster]

A 60 day notice is not an eviction or at least no yet. CA law says a landlord must give a tenant (of one year or more I believe) a 60 day notice to vacate if they (The landlord) wishes to end tenancy. With your being two months behind I see this as his waying of ending this matter. If you do not vacate within that time frame the landlord may then file an unlawful detainer or eviction on you. My advice is get out by 60 day mark to avoid further problems. Far as any deposit goes it depends on condition you leave dwelling in

 

[army judge]

The landlord accepted money, $1,200 during the pendency of the notice. That invalidated the notice. You don't have to leave. If he wants to ask you to leave, he must serve you with another notice. You aren't being evicted, just bamboozled.


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[mightymoose]

Agreed.... if the $1200 brought you current the landlord won't get far with the eviction. If there are other violations other than rent then you must be served a new 60 day notice.