Legal Question in Landlord & Tenant Law in California

I am behind on my rent 13 days and have submitted a request to the owner to allow me to pay half the rent this month because I lost my job a month ago but have since been re-employed. He has refused and is adamant that we stick to the terms of the lease. I am nine months into a two year lease and have never been late. Can he serve me with a 3-day notice to pay right now or does he have to wait until I'm actually 30 days late. What can he legally do and how long does he have to wait? Thanks!!


Asked on 8/13/12, 8:05 pm

1 Answer from Attorneys
Brian Rosales Harris, Rosales & harris

The landlord can serve a three day notice to pay or quit for all rent past due and proceed with an eviction if the rent is not paid within the notice period. If rent is due on the first, it is late in the second. There is no requirement that the landlord wait until the rent is over 30 days late.

You can request that the landlord work with you but he does not have to do so if he does not want to. The fact that rent has been paid on time in the past is not relevant to the landlord's right to insist on future rent being paid on time.

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Answered on 8/17/12, 10:13 am


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