Legal Question in Landlord & Tenant Law in California
Hello could you pls tell me what the eviction procedure is for california? My landlord gave me a three day notice for the month of November because I have not paid my rent yet and then verbally told me at the end of the three days I would have to give the keys back and be out. Doesn't the land lord have to give the tenant a 30 day written notice to vacate?
2 Answers from Attorneys
The landlord only has to give 30-days notice to tenants who are not in breach of their rental agreement. By not paying the rent, and not paying after receiving the 3-day notice to pay rent or quit, you gave up your right to 30-days notice. Your options now are to try to negotiate with the landlord to reinstate the rental agreement, which at a minimum will require you coming current on the rent, or moving out, or waiting to be served with an unlawful detainer lawsuit (otherwise known as an eviction law suit).
Once you get a 3 day notice you either pay up or leave. If you don't either then your LL files and eviction lawsuit against you. Normally you get a trial within a month or so.
The LL doesn't have to give you 30 days notice because you breached the lease by not paying.
If you can't pay then you should make a deal with the LL to move out in an agreed time in exchange for him not suing you and having to spend money on a lawyer.
Good luck and hope this helps.
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