Legal Question in Landlord & Tenant Law in California

tenants rights

I am currently renting I received a document to vacate in 60 days. I am not working nor my husband both on unemployment and the rent is seriously behind at the present. The owner still want the rent every month until I move. I need to save to move therefore cannot pay rent what can I do


Asked on 4/02/09, 2:14 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: tenants rights

The landlord has the legal right to collect rent from you until the day you move out and surrender possession to him. There is no getting around that. I am surprised that your landlord gave you a sixty day notice, rather than a three day notice to pay the past due rent. It indicates to me that he is trying (as best he can - remember he is relying on that income from that property to pay his bills) to be sensitive to your problems, but he cannot allow you to stay indefinitely without paying rent. If you do not pay rent during the sixty days, you can almost guarantee that he will then give you a three day notice, and evict you from the property well before the sixty days are up. I am very sorry to hear of your problems, but you have to look at it this way - the landlord is in the business of renting apartments. He has no legal or ethical obligation to provide free rent because you lost your jobs. He has been kind thus far by not evicting you already. The income from your apartment is almost certainly necessary from his standpoint to pay his bills. He won't, nor should he be forced to let you stay for free. Good luck.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 4/02/09, 2:45 pm


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