What are my chances of getting evicted

[andreaforeman93]

I live in a low income apartments in CA I have lived there for almost 21 years.(I know along time,but I be came physically disabled, and also my fiance pasted away and I can not afford any thing else by myself)But any way like I was saying just a couple of days ago I received a unlawful detainer for what my manager is saying that I did not pay my rent before the 3 day pay or quit was up.But I did,and the date on the money order was the next day.she put the 3 day pay or quit on my door on 8/11/2015 and I paid on the 8/12/2015. And I do still have the money order stub.But she is lying and saying I did not pay until after the 3 day's were up.I have never been through something like this before.Do I even have a chance of winning this when we go to court?

 

[txls]

Do you have a receipt for when you gave her the money order? If you do not and if she did not cash it right away, then it's her word against yours as to when you gave it to her. Then a judge will have to decide who to believe.

 

[army judge]

I live in a low income apartments in CA I have lived there for almost 21 years.(I know along time,but I be came physically disabled, and also my fiance pasted away and I can not afford any thing else by myself)But any way like I was saying just a couple of days ago I received a unlawful detainer for what my manager is saying that I did not pay my rent before the 3 day pay or quit was up.But I did,and the date on the money order was the next day.she put the 3 day pay or quit on my door on 8/11/2015 and I paid on the 8/12/2015. And I do still have the money order stub.But she is lying and saying I did not pay until after the 3 day's were up.I have never been through something like this before.Do I even have a chance of winning this when we go to court?

A "three day notice to quit" means nothing other than its required to reach the next stage of the eviction process.

The notice your landlord posted on your door is nothing more than a request to leave.
You, however, pad your rent, albeit late; you did pay.

More than likely that satisfies the situation this time.

If the landlord does file a formal eviction request, you simply appear in court as directed and PROVE you paid.
In this instance, you would simply present PROOF by showing teh receipt.
But, you should also contact the money order issuer and see if the money order has been paid.
There might be a small fee to obtain such PROOF, but it will be necessary if this does go to court.

Will it go to court?

Usually not, but you'll just have to wait and see.

As far as going forward, don't be late in paying your rent.

A pattern of paying your rent late can get you evicted.

So, from this point forward, make sure you pay your rent on time.

 

[andreaforeman93]

Yes she did file a formal eviction,and also she sent me back my money order certified mail.So now I have both the stub and the actual money order itself.She also is the biggest liar should I bring other people that used to and still do live by me to testify in court that she is a liar?And will the judge take into consideration the fact that I have lived there for almost 21 years,and have never been through something like this before or will he not care?

 

[Highwayman]

What happened to not posting legal questions here??? Geez!

 

[army judge]

Yes she did file a formal eviction,and also she sent me back my money order certified mail.So now I have both the stub and the actual money order itself.She also is the biggest liar should I bring other people that used to and still do live by me to testify in court that she is a liar?And will the judge take into consideration the fact that I have lived there for almost 21 years,and have never been through something like this before or will he not care?

No, what you MIGHT be able to do is CURE THE DEFAULT.
How do you CURE the alleged default?

When you offered the owner or manager the rent money during the three-day period of the
notice, but the owner/manager refused to accept it. Write in the date that you offered to pay the rent on your answer to the eviction summons.

The landlord cannot evict you on the basis of a Three Day Notice to Pay or Quit if she gave you the notice before your rent was late. For example, if your rent is due on the 10th of each month and the landlord wants to evict you because you did not pay the rent due on July 10th, the landlord must wait until February 11th before giving you the Notice to Pay or Quit. The law provides that if your rent is due on Saturday, Sunday or a legal holiday, you do not have to pay the rent until the next business day. For example, if your rent is due on the first of the month and the first day of September was a Saturday,
the landlord cannot give you a proper Three Day Notice to Pay Rent or Quit until the next
Tuesday. That's because the rent does not have to be paid until Monday, and if not paid, it is not late until Tuesday.

The law says that a landlord must give you the "alternative" of either paying the rent or moving out. The landlord cannot evict you if she did not give you that choice in the Three Day Notice.

If your property is under rent control, evicting you becomes more complicated.

The landlord cannot file a court case to evict you until at least 3 days after you were served with a Notice to Pay or Quit. In counting the 3 days, it is the date that the notice was served on you, and not the date written on the notice that starts the three days.
You begin counting day one on the day after you got the notice. Weekends and holidays do count; however, if the third day is a holiday or a weekend, you have until midnight of the next business day to pay the rent. Find the day you were served with the three day notice in Column "A" below. You
must move or pay the rent no later than the day listed in Column "B." If the last day to pay is a legal
holiday, you have until the nest business day. If you do neither, Column "C" shows the first day that the landlord can file the court case against you.






http://www.courts.ca.gov/partners/documents/lthandouts.pdf