Legal Question in Landlord & Tenant Law in California
i live with my sister and she signed a 30 day notice. i did not pay rent after she signed the 30 day notice because i have to move as well, and i need my rent money to put in another place. well my 30 days are not up until 10 more days and my landlord just issued a 3 day notice. can my landlord legally make me move in 3 days if our 30 day notice is not up? they issued the 3 day notice today
1 Answer from Attorneys
You have to pay rent for the notice period, giving notice does not mean you are excused from paying rent. Giving rent means that at the expiration of the 30 day notice period, you will move out, you will not renew the lease you contracted with the landlord. Think about it, you receive the benefit of living on the premises, you have to honor the obligation of paying the rent to the landlord.
As a side note, you cannot use the security deposit in lieu of last month's rent, if that is what you are implying.
Therefore, yes, the landlord issued the 3 day pay or quit notice, pay or risk being evicted, you cannot live rent free on the rental property.
Good luck to you!
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