Failed to pay rent

Failed to pay rent

Not paying rent is a valid Just Cause reason for eviction. To avoid this, you can pay the amount of rent in the way it says on the notice or your landlord can start the eviction process in court. If you pay the rent required in the way it says on the notice, make sure you can prove it. A receipt for a money order is an okay proof of payment however, if you can provide a dated and signed receipt that the landlord accepted the money order from you that’s even better! Other ways to keep a form of payment is a copy of the check or cashier check you wrote, or a mail receipt from USPS.

If your landlord claims that you have not paid rent AND you have paid rent, you’ll need to write them a letter with the specifics on when you paid and include copies of the evidence that you paid. Keep a copy of your signed letter and send the letter through overnight certified mail. Keep a copy of receipt. Note that if you paid cash and did not receive a proof of payment from your landlord, it may be hard to prove in court that you paid. We recommend talking to lawyer from the below resources asap.

If you have not paid rent and you are unable to pay rent, try out these rental assistance programs. Know that this sometimes happens and it’s okay to get support. Alameda and the city of Oakland have recognized how vulnerable people are to displacement and evictions and so these programs are to support tenants in this situation. Note that most of these programs are one time assistance. You can also attempt to work out a payment plan with your landlord within the 3 days. If they accept any amount of your rent for the month, the 3-day notice becomes invalid and they cannot evict you based on the original notice. They would have to serve you a new 3-day notice with an updated amount of rent owed. If your landlord will accept partial payment, this can buy you time, even if it’s only a few days. If your landlord agrees to a payment plan, make sure you get it in writing.”