Legal Question in Landlord & Tenant Law in California

I received a 3 day notice to pay rent or quit this afternoon. What are my rights,when do they 3 days expire, and how do I get help-I can't afford an attorney.


Asked on 3/12/12, 1:42 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

You have the right to pay the amount stated in the Notice within 3 days after the date on which it was properly served. Assuming you were personally served the Notice, then the three days start tomorrow; so you have tomorrow, Wednesday and Thursday in which to pay the amount demanded or move out of the property. If they substitute-served you (i.e., left the notice with someone of suitable age at the property or your work), then the three days starts the day after they serve it AND mail a copy to the property address. Finally, if they posted and mailed the Notice, then the three days doesn't start until the day after it is posted AND mailed to you.

Your rights are to pay the rent or move in the time period. If you do neither, then the landlord will file and serve you with an Unlawful Detainer (eviction) lawsuit. That suit will seek an order from the court to have you locked out of the property. Depending on a lot of factors, that can happens as quickly as 10-14 days from the date it is filed, all the way out to 30 days. Almost all courts have self-help information on their websites, or many have self-help clinics at the Courthouse. Check the website first, and then if not, call or go to the Court where it was filed and see if they have any pro-bono clinics for defending evictions.

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Answered on 3/12/12, 1:56 pm


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