Legal Question in Landlord & Tenant Law in California

My lease is up at the end of the month. I have paid my rent late numerous times and they always tape a 3 day notice to my door but never once have they mailed me a copy. They have accepted partial payments and late payments every time. I was really late with rent in july so they filed an unlawful detainer. I asked them if they would accept payment and drop the unlawful detainer. I expressed that I do not want to move and would like to renew. I explained that I just paid off my car and got a raise so my rent would be on time from now on. They told me the only way that could happen is if I paid all rent due, the late fee, and attorneys fees... I paid for july and since is was the end of the month I also paid for august plus the late fee plus attorneys fees.

After collecting over $2,600 from me they are refusing to renew my lease and when I called them they said corporate told them anyone with 2 or more late fees is out, no exceptions. To date they have failed to serve any of their notices properly. They do not attempt to serve it in person, they have someone creep up the stairs in the middle of the night and tape it to my door. I was up at 3 am not feeling well and heard them tape the last one to my door.

When paying for the UD to be dropped so I could stay, renew and not have that on my record I told them I needed something in writing and she handed me a form after signing and faxing it to the attorney. When I got upstairs and read what she gave me it was a form from the attorney and it said DO NOT GIVE THIS TO TENANT... and it had "buyout" dates and whatnot and was confirming that i was paying and staying but I would not have done so if I knew they were not going to renew. I specifically asked if I would be able to renew if I paid and was told I could. Is there anything I can do now?

Asked on 9/17/10, 10:03 am

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Sounds like a fraud case.

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Answered on 9/22/10, 10:12 am

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