Legal Question in Landlord & Tenant Law in California

how long do you have to be out of your rental after no payment by a given date?


Asked on 5/20/12, 6:40 pm

1 Answer from Attorneys

Jeannette Darrow Jeannette C.C. Darrow, Attorney at Law

The landlord must give notice, such as a Three Day Notice to Pay Rent or Quit. If the tenant doesn't pay within the given time frame, the landlord may bring an unlawful detainer lawsuit. After the lawsuit has been served on the tenant, the tenant has only five days to answer the complaint. If the fifth day falls on a weekend or holiday, the tenant has until the next business day to file and serve the answer. The court sets a trial date and the tenant either wins or loses. If the tenant loses, the landlord will have a sheriff serve a notice and the tenant has five days to move out.

Of course, if an unlawful detainer lawsuit is brought against the tenant, and the tenant loses the case, it may affect the tenant's credit, as well as the tenant's ability to rent other premises.

Here is some helpful info for tenants and landlords: http://1.usa.gov/KUsww5

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Answered on 5/20/12, 9:39 pm


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