Legal Question in Landlord & Tenant Law in California

30 day notice vs. 3 day pay rent or quit

Room tenant plans to leave owing two month's rent. I gave her a 30 days notice. She responds by giving me the date when se plans to leave which is two weeks after the 30 days elapse. She plans to pay me after she leaves. Can I give her a 3 day pay rent or quit notice now, before she leaves? How long does a defendant have to pay the small claims judgment?


Asked on 1/14/04, 2:31 pm

2 Answers from Attorneys
Martin Snitow

Re: 30 day notice vs. 3 day pay rent or quit

Give her the 3-day notice now. Otherwise she has no incentive to ever pay.

You can ususally get a writ of execution on a judgment as soon as the clerk enters it unless the judge has ordered a stay (delay). You may need to garnish her bank account or wages to enforce a judgment.

Read more
Answered on 1/14/04, 3:02 pm
Larry Rothman Larry Rothman & Associates

Re: 30 day notice vs. 3 day pay rent or quit

You can serve her a 3 day notice now and I advise that. We can help you with an eviction. You cannot use small claims court for eviction. Please call us at 714 363 0220.

Read more
Answered on 1/14/04, 3:45 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California