Legal Question in Landlord & Tenant Law in California

Three day pay or quit after turning in a 30 day notice to move out

My husband and I have turned in a 30 day notice that we are moving out. If we do not pay the last months rent. Can the landlord serve us with a three day pay or quit notice. We live in California and this is a home rental. Thank you


Asked on 8/02/08, 9:44 pm

2 Answers from Attorneys

JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Three day pay or quit after turning in a 30 day notice to move out

Absent an agreement to the contrary (highly unlikely), the answer is YES. Your security deposit is just that - a deposit to ensure security for the landlord. It is not intended as the last month's rent.

Your rent is due in advance. Thus, if you fail to pay the rent timely, you can be subject to service of a three day notice to pay or quit.

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Answered on 8/02/08, 10:00 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Three day pay or quit after turning in a 30 day notice to move out

You are welcome.

Mr. Guerrini is absolutely correct.

You owe the last month's rent.

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Answered on 8/02/08, 11:37 pm


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