Legal Question in Landlord & Tenant Law in California

3-day Pay or Quit

I have been served with a3-day pay or quit. Someone told me that since I have an infant in the house, I can file some kind of paperwork to be allowed a longer period of time to move out, based on the fact that I have a baby. Is this true? And, if so, what form do I need to file?


Asked on 5/31/07, 5:27 am

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: 3-day Pay or Quit

Your friend "someone" is incorrect. However, you can't be evicted immediately. The law does not recognize an infant defense to eviction, but after the three days, landlord has to go to court and file an unlawful detainer, which is the eviction. You then have five days to file an answer, and then case will be listed for trial in several weeks. If you don't file an answer, the sheriff will serve you with papers giving you five days to move. On the sixth day, sheriff will lock you out. However, the problem is that the eviction will be on your credit history, and it will be almost impossible to rent again (for years) without a co-signor. Don't listen to friend! Luckily, this one was right, but for the wrong reason. Talk to landlord, and try to work out some kind of deal, because the unlawful detainer will cost somewhere upwards of $600, and he may be interested in avoiding that expense. Good luck!

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Answered on 5/31/07, 7:00 am
Carl Starrett Law Offices of Carl H. Starrett II

Re: 3-day Pay or Quit

The law does not allow you extra time simply because you have an infant. If you have not moved from the unit after the expiration of the 3-day notice (I presume based on the failure to pay rent), the landlord can file an eviction lawsuit.

You can buy yourself a few extra weeks if you file an answer to the eviction lawsuit and/or filing for bankruptcy. However, those are very drastic measures. As Mr. Bennett correctly noted, now might be a good time to contact the landlord to negotiate a settlement to avoid litigation.

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Answered on 5/31/07, 8:32 am


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