Legal Question in Landlord & Tenant Law in California
3 day notice after 30 days given
My husband and I gave our landlords a 30 day notice on 8/3 that we would be moving out, they have not made all the repairs promised in the lease therefore we are not paying rent for august and having them use our security deposit. Then the landlord came by on 8/25 and gave us a 3 day notice to pay rent or vacate. also that if we did not pay, they were going to report us to the credit bureau. who is right and who is wrong in this situation?
1 Answer from Attorneys
Re: 3 day notice after 30 days given
You did it all wrong, and you are in trouble.
There are other ways to handle your situation, and now you need help.
You should have notified landlord of failure to make repairs by certified letter. Depending on the repairs, you may or may not be allowed to withhold rent.
The security deposit is clearly NOT for the last month's rent, and landlord is correct. He can certainly list your failure to pay with the credit reporting agencies. Furthermore, if you do not clear this ASAP, you will find it difficult to rent again without a cosigner.
Today, being day #3, you need to pay for August.
If you need more, feel free to e-mail or call me.
You may feel wronged, but the law is on the other side.
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