Legal Question in Landlord & Tenant Law in California

eviction proceedure

because of unforseen circumstances, we have been unable to pay our rent. the owner has given us verbal notice to vacate, nothing written. is this legal?


Asked on 3/26/06, 1:03 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: eviction proceedure

It's legal to give you verbal notice, but it has -no- legal effect. The landlord must give you a written three-day notice to pay or quit. If you don't pay within those three days, the landlord will file an unlawful detainer lawsuit against you. If you don't answer the lawsuit, the landlord will take your default, the court will enter judgment against you, and you'll eventually be evicted. Perhaps you can negotiate a move-out date to prevent having an unlawful detainer judgment on your record which could make finding a new apartment exceedingly difficult, and which ultimately you might be required to pay which might include attorney's fees.

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Answered on 3/26/06, 2:26 pm


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