Legal Question in Landlord & Tenant Law in California
landlord made deal with the bank to turn over houseThat they are gutting out) in turn forgivness on bank loan. Gave us a three day notice to pay rent or quit by mail. Came on property and started a confrontation with son and said she will have our things put on street. i think she promised bank we would be out in order for them to make deal.Now she wants us out in three days. We want out but dont have funds as im having heart problems and work was limited. How long do we leagally have. She has not filed with court just served us by mail.
3 Answers from Attorneys
Ask her how much she's willing to compensate you if you were to leave in three days. You should calculate packing, movers, first and last months' rent and much aggravation. If that's not doable, she must follow the appropriate legal procedure. In fact, if you have paid this month's rent, you have a perfect defense.
If you have not, she would have to file an unlawful detainer lawsuit. You would have 5 days to file a responsive pleading, and things could take a month or more to get through the courts. I encourage you to consult with a tenants' rights group in your area. In some areas, there may be additional tenant legal protections.
Also, service of the three day notice must initially be by personal service and only have a reasonable number of attempts can it be substituted service on an adult reasonably calculated to give your the papers and then by mail and posting. So it seems the three day notice is defective.
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