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?


Asked on 11/23/09, 2:11 pm

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).

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Answered on 11/28/09, 4:16 pm
Melvin C. Belli The Belli Law Firm

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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Answered on 11/30/09, 1:01 am


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