Legal Question in Real Estate Law in California

Re: 3 Day Notice or Quit Letters

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

You have three days to pay the remainder of the rent. If you do not do so, the landlord can file and serve an Unlawful Detainer (eviction) action. You would have 5 days to file an answer and about ten to fourteen days after that until trial. The change in payment terms would be presented as a affirmative defense in your answer and at trial. If you lose at trial you will have about five days to move before you are locked out by the marshall or sheriff.

(I know this advise is too late for you, but it might be helpful to others in your situation.)

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Re: 3 Day Notice or Quit Letters

She has amended the rental agreement to alow you to make the payments as you have made since May of 2001. She cannot unilateraly change that now. If you are on a month to month, she can give you a 30 day notice to change the terms, in which case, you will be required to accept them or move.

Her 3 Day to pay or quit will not hold up in court, based on the change of terms that she suggested and accepted for a year. Go talk to her and try to work things out.

Re: 3 Day Notice or Quit Letters

If you can, pay the remainder of the rent within the 3 days, to prevent the landlord from filing an unlawful detainer (eviction) lawsuit. If you can't pay the remaining rent, then you may have to defend the action in court. You would have a good argument that the landlord had impliedly agreed to take the rent in two installments. The landlord would have the right to demand that you start paying the whole rent at the beginning of the month, but should give you notice beforehand.

The reason I suggest paying the rent within the 3 days is that you are always taking your chances when you go to court. Though the law may be on your side, if you get a pro-landlord judge, you might lose no matter how good your case is.