California | Landlord & Tenant Law
Legal Question
Will be paying this months rent 25 days late, next months rent on time. Landlords states if not payed within three days of due date, he may proceed with eviction. Is this true?
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Legal Answer
If you are late on a rent payment, the landlord may serve a 3-Day Notice to Pay. Your 3 days starts when you are served with the notice. After the 3 days pass, if you haven't paid, the landlord may proceed with an unlawful detainer action.
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Law Offices of Mark E. Saltzman 18321 Ventura Blvd, Suite 530 Tarzana, CA 91356
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In addition to what Mr. Saltzman states, the landlord is not obligated to accept any rent from you -- past or present -- once the three days in the written notice have expired.
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Law Office of Robert F. Cohen P.O. Box 15896 San Francisco, CA 94115-0896
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.I agree yes he can. He starts by serving you with the 3 day notice to pay or quit. Then you have three days to pay or move. If you do neither then he can file an unlawful detainer to evict you. Then you might have to pay additional fees such as court fees and attorney's fees if he decided to let you stay, but he is under no obligation becaue you breached the lease by failing to pay on time.
I would suggest talking to him to see what you can work out so you don't get sued.
Hope this helps and good
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The Belli Law Firm 35 Miller Ave Suite 199 Mill Valley, CA 94941
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