Legal Question in Business Law in California

I cannot afford to stay in my place of business that I lease from someone. I called to tell them that and they offered to lower my rent but it was too late. They have been calling me several times a day, for several days harassing me for money. They did offer to lower the payment but that came to late. I don't have all the money and they are not willing to take payments in part. They served me with a three day notice, what are my rights? I did give them money up front for my last months rent when I moved in however, they want me out in 3-days. What can I do?


Asked on 12/01/09, 8:20 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Just because they want you out in 3 days doesn't mean it will be a reality. They want payment from you in 3 days. If you can't negotiate even a partial payment to buy you some breathing room, then after the 3 days, they will have to file an unlawful detainer lawsuit to get a judgment of possession -- unless you voluntarily move. You will have five days after you are personally served with the lawsuit to file an answer with the court, and mail a copy of your answer to the landlord's attorney. Then there will be a few weeks before the matter goes to trial, and another week or more before the sheriff shows up to evict you and the landlord changes the locks.

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Answered on 12/06/09, 9:45 pm


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