Legal Question in Landlord & Tenant Law in California

Our landlord served us a 3 day pay or quit notice last week, we have also been served the unlawful detainer and have to file an Answer in 2 days. In May we gave a partial payment and was not late on June's Rent. June's Rent was due the 4th (he always picks up 1/2 on the 4th and the other half on the 8th,when my roommate gets paid). But this time he said "just pay all the rent on the 8th so I don't have to make two trips". On the 7th, we were served the 3 day notice for June's rent plus an additional $350 for May. We only owed $125 for May. Our defense was the amount he is requesting is excessive.Today he came over and said he didn't want to continue with the UD and not to file an Answer, that we wouldn't owe him anything but to be out July 1st. I don't know what to do. Also we don't have enough money to move out by July 1st. Please advise.

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Asked on 6/21/10, 11:04 am

2 Answers from Attorneys

He is offering you a compromise. Take it or not.

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Answered on 6/21/10, 2:19 pm
Robert F. Cohen Law Office of Robert F. Cohen

Unless he shows you a court-endorsed (stamped) dismissal of the unlawful detainer, don't count on it being dismissed. File your answer in the required time, and then discuss a settlement. If you're not willing to move, then he has to make a choice.

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Answered on 6/21/10, 2:43 pm


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