Legal Question in Landlord & Tenant Law in California

About a week ago, my landlord company served me and my roomate with a 3-day notice to quit or pay. We have spoken to management and have extended our grace period until this friday 12/24/10. We are unable to pay rent *until* January 4-5, 2011. The problem we are facing is legal eviction we need to know how we can not only:

1. Pay rent for December 2010

1a. Pay any late fees and outstanding fees in full

2. Pay rent for January 2011

3. Continue to live in this apartment until our lease fully expires in August of 2011.


Asked on 12/23/10, 12:19 pm

1 Answer from Attorneys
Brian Rosales Harris, Rosales & harris

It sounds like they extended the three day notice to pay or quit to 12/24. If you did not pay by 12/24 the landlord has the right to file an unlawful detainer (legal name for an eviction). The landlord is not required to agree to allow you to continue the tenancy if you failed to pay or leave within the pay or quit notice period. If the landlord files suit you will have to defend yourself in the eviction action. You may be able to settle the case by offering to pay as you indicate above (with specific amounts on specific dates and the landlord may want to include any costs and attorney fees incurred) but the landlord is not required to settle. You need to obtain legal help/representation ASAP.

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Answered on 12/28/10, 10:21 pm


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