Legal Question in Landlord & Tenant Law in California

3-day Comply or Quit notice

Lease was to be re-signed by the 1st of the month. Iwas reluctant due to health measures & signimg for a year. In meantime son/roomie lost job, making it impossible to stay. We DID pay the month's rent & plan to leave by the 1st of up-coming month. Was served with 3-day notice & there is NO way we can leave now since all the $$$ was paid in rent. Since rent was paid & ACCEPTED, how can they say ''Sign new lease or leave in 3 days''? We don't plan to stay after the 1st-tying up their apt. & not paying, simply can't leave right this minute. What can we do? How will this affect credit rating & future rentals?


Asked on 9/14/05, 1:44 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: 3-day Comply or Quit notice

They can't give you a 3-day notice to sign lease or quit. They can give you a 60 day written notice to move if you've been there more than a year (Civil Code section 1946.1) and you're current on your rent if the lease doesn't provide for shorter notice. The 60-day notice won't appear on the "UD Registry," but if you don't vacate within 60 days and they file an unlawful detainer, that will show up and could interfere with finding another place to live.

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Answered on 9/14/05, 2:06 pm


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