Legal Question in Landlord & Tenant Law in California

I got a 3 day notice to pay or quit and the question I have what happen next if I cannot come up with the money? 2nd what is the time frame before I need to leave the house and will I get my Sec. Dep. back as well?


Asked on 10/02/09, 6:01 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

If you don't pay within the three days, the landlord probably will file an unlawful detainer (eviction) lawsuit. If you don't answer the lawsuit within 5 days after it is served upon you, then the landlord will take your default, obtain a judgment, and have the sheriff escort you out of the premises. You will receive written notice of the date that will happen.

If you answer, then a trial would be scheduled within a couple of weeks. That will give you time to negotiate with the landlord for a firm move-out date. Sometimes the landlords are even willing to dismiss the lawsuit or set aside a judgment to make it easier for the former tenant to find a new place.

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Answered on 10/04/09, 4:29 am


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