Legal Question in Civil Litigation in California
is it considered wrongful eviction if landlord eviting me for beig late with rent but paying w/in time agreed with proof and upstairs tenant admitted to me he has not paid in four months and has not even been asked to move ? ps when i was late landlord thought i would not be able to come up with full amt and asked if she could show to best friends daughter who was getting married same month she filed unlawful detainer forms
3 Answers from Attorneys
Being consistently late is grounds for eviction regardless of whether you are current on rent or not. Landlords cannot, however, evict you for one or rare occasional lates. You don't specify which situation your are in. Landlords are not obligated to treat all tenants the same unless the difference is based on a protected classification, such as race. If she has two tenants with problems paying rent who she has the right to evict, she is free to choose which one she wants to evict to free up an apartment for someone else.
Did you pay in full and on time? If not, you are in breach of lease and can be evicted by him following proper notice process.
If you paid the rent within the three-day "pay or quit" period contained in a written notice, that is a perfect defense to the eviction lawsuit based on that three-day notice. If the landlord gave you a 30-day (or longer) notice and you don't have a rental agreement for a longer time, the landlord might be within her rights to evict you.
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