Legal Question in Landlord & Tenant Law in California

In california do i still owe rent if i move out on the 3rd day of my 3 day pay or quit notice?


Asked on 10/10/11, 5:43 am

2 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

You owe the rent whether you quit or not. The 3-day notice is meant to inform you that your rent is past due and that you may either pay the rent and stay, or move out. It's not a choice of whether you must pay the rent or move out, but a choice that if you don't pay the rent you will be evicted by a lawsuit. If you "quit," that just means the landlord cannot file an eviction action against you. They can still take you to the small claims court for the rent you owe.

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Answered on 10/10/11, 8:08 am

Mr. Iadevaia is correct. The only difference is that if you move out or "quit" the premises, the landlord must go through normal collection court proceedings, instead of the expedited process for unlawful detainer. You still owe all rent due under your lease or rental agreement.

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Answered on 10/10/11, 12:33 pm


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