Legal Question in Real Estate Law in California

Re: Real Estate

If she has not included those charges in your rental agreement, the 3 day notice is probably defective. But why do you want to stiff her even more money? What is legally allowable is not necessarily morally correct. If you are evicted, and eventually she will give you a proper notice, the eviction judgment will appear on your credit report, which many landlords ask to see. You will also be asked where you lived before; once you are out of the rental unit, your current landlord will tell the prospective landlord of your behavior and you will not be able to rent that new unit. You may get lucky and find a landlord who does not do any such checking. Why not see if you can work something out with your current landlord as to a date you will leave for certain and she drops any claim [you are probably judgment proof so point out to her that any judgment she gets is worthless and it will cost her additional time and money to get it, so the best business decision is to resolve the matter in that fashion].

Re: Real Estate

Does your rental agreement say anything about late fees? Most of them, but not all, do contain late-fee provisions, and if you are late, then the landlady may include these contractually provided-for charges in the three-day notice.

If the contract doesn't specify late charges, the three-day notice is technically defective, but if you don't pay or move out, the future process will be exactly the same: when it appears that you have neither moved nor paid, and whether the notice is defective or not, you will be served with an unlawful detainer suit. You can then defend the suit based on defective notice, but I predict that the judge will rule that the defect doesn't prevent your losing the suit, because after all you are in default, and the sheriff will end up removing you on the very same day as if the notice had not been defective.

Re: Real Estate

Plain and simple. The answer is no.

Good Luck