Legal Question in Landlord & Tenant Law in California

3 day notice ot pay or quit

if we recieve a 3 day notice to quit or pay, what is the next step for the landlord? we are wanting to move out, but it will take us 2-3 weeks to give up the property. (Santa Clara, California) will we be put out by sherriff? we have not had any other documents service, no eviction etc.


Asked on 5/02/08, 4:24 pm

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: 3 day notice ot pay or quit

I agree with Mr. Moerbeek.

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Answered on 6/21/08, 12:27 pm
Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: 3 day notice ot pay or quit

An eviction action, known as an unlawful detainer (UD), will be filed and served on you. You must file an Answer, and pay the filing fee, unless you file a successful petition at the same time for a fee waiver, within five days of service. Assuming that you have a valid defense(s) the landlord will be entitled to a trial within 21 days of his request. Perhaps after you file and serve your Answer to the complaint you can have an attorney intervene for you to see if you can settle the matter before trial, and avoid a judgment against you. A UD judgment can have a negative impact on your ability to rent future properties. Also immediately hire an attorney if the landlord's attorney files a motion set before trial for summary judgment.

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Answered on 5/02/08, 7:17 pm


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