Legal Question in Landlord & Tenant Law in California

A defect in notice is a complete defense to an unlawful detainer, just make sure about that. Better still if you move out and return the keys before trial the LL will not be entitled to the speedy trial they either got or could get.

Good luck and make sure you didn't get notice they could give it to someone at your apartment or nail it to the door after failing to serve you a couple times.

Mr. Belli's answer is entirely correct. Insead of going to trial, why don't you try to work some out with the landlord. Point out the three day notice defect means he will have to refile but you will be out so he has only a cause of action for the back rent. If you are a wage earner without any substantial assets, the only source of funds for him to enforce a judgment is the security deposit, so the landlord might very well be willing todrop the suit, set up a wrlitten contract with you for the payment in installments of the back rent, etc.

Instead, if you go to trial, as soon as the judge finds out yo no longer live at the unit, the judge will drop the three day unlawful detainer aspect of the case and set or refer it tobe set for a triall date at least a few months away for what damlaes the landlord is entitled to. If the landlord does not send you a detailed letter listing why he is withholding any of the security deposit, the whole suml must be returned to you. The time limit to do this is 21 days after you have moved out and returned the keys. All the judge would do at trial of the 3 day UD is dismiss the UD [as you are no longer living there by that date] and reset the trial for damages. There would be no order for paying rent and even if there were the judge has the dlscretion of deciding whether it would be one lump sum or a payment schedule. To protect your credit rating, you do not want any type of judgment entered against you.