Legal Question in Landlord & Tenant Law in California

Concerned parent

I currently am behind on the rent. I owe half of last maonth, and need to pay this month also. I have no contract and have 3 children living with me. My landlord keeps saying i need to pay in full if not i will recieve a three day notice. I have lived here for three years. Can my landlord really evict me that soon? What should i do?


Asked on 4/02/09, 1:37 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Concerned parent

Your landlord can demand payment of everything due at this point, however, if by "this month" you mean April, you have until the end of the day on the 5th to pay that rent. The past-month's 1/2 rent is late. Before he can evict you, he must give you three days notice to pay rent or quit (if he wants to include it all, he can't serve that until the 6th of April). You then have three days in which to pay it all, or thereafter he will file an Unlawful Detainer lawsuit. Once served with that lawsuit, you will have five days to respond. If you file an answer to the lawsuit, its up to the landlord to request and set a trial. At trial, assuming you lose, a judgment will be issued to evict you. That order will get served by the local law enforcement who will give you a final 5 days to move before they lock you out. In all, you have somewhere between a couple of weeks to potentially four weeks before you would have to leave. That being said, riding out an eviction isn't good as it will hurt you in trying to find a new place to live once its on your record. Better to see if you cannot work something out with the landlord. If not, start looking for where you will move quickly. The length of time you have lived there is irrelevant - not paying your rent is going to lead to an eviction unless you voluntarily work something out with the landlord.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 4/02/09, 2:37 pm


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