Legal Question in Landlord & Tenant Law in California

Will be paying this months rent 25 days late, next months rent on time. Landlords states if not payed within three days of due date, he may proceed with eviction. Is this true?


Asked on 11/15/09, 4:54 pm

3 Answers from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

If you are late on a rent payment, the landlord may serve a 3-Day Notice to Pay. Your 3 days starts when you are served with the notice. After the 3 days pass, if you haven't paid, the landlord may proceed with an unlawful detainer action.

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Answered on 11/20/09, 5:11 pm
Robert F. Cohen Law Office of Robert F. Cohen

In addition to what Mr. Saltzman states, the landlord is not obligated to accept any rent from you -- past or present -- once the three days in the written notice have expired.

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Answered on 11/20/09, 5:19 pm
Melvin C. Belli The Belli Law Firm

.I agree yes he can. He starts by serving you with the 3 day notice to pay or quit. Then you have three days to pay or move. If you do neither then he can file an unlawful detainer to evict you. Then you might have to pay additional fees such as court fees and attorney's fees if he decided to let you stay, but he is under no obligation becaue you breached the lease by failing to pay on time.

I would suggest talking to him to see what you can work out so you don't get sued.

Hope this helps and good

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Answered on 11/20/09, 5:29 pm


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