Legal Question in Real Estate Law in California

Re: 3-day notice to vacate premises

You don't say what you mean by the rent is seven days behind. I assume you mean it was due seven days ago. Non-payment of rent requires only a 3 day pay or quit notice. If you were personally served this notice, i.e., it was handed to you, you must pay within 3 days. If it was served by affixing a copy to your door and mailing a copy, service is not complete for five days from that, so that you effectively have 8 days. If service or the form of the notice is defective you can win the eviction suit on that basis.

If you reported the leaking roof to the authorities, you may have a retaliatory eviction defense. If not, simply complaining to the landlord about a leaky roof, a retaliatory eviction defense is not likely to fly. If you have a leaky roof and it is significant enough to be a "habitabilty" issue you may have a defense under Green v. Superior Court, a famous case. But, you will still be required to pay what the judge determines to be a fair value for remaining in the apartment under circumstances. You had better preserve evidence of the condition with photos and witnesses who will be willing to testify in court.

If the landlord succeeds in an eviction case based upon non-payment of rent, it will take 4-6 weeks to get a judgment of possession and another week to execute the judgment (have a sheriff kick you out.)

Good luck.

Re: 3-day notice to vacate premises

after the three days have passed the landlord will have to file a complaint for unlawful detainer and serve it on you. you would have 5 calendar days to file an answer. In that answer you could raise the condition of the apartment as a defense. the eviction may also qualify as a retalitory eviction. In that case the landlord could evict for six months so long as you paid the rent etc.

Contact the city building code enforcement department and report the condition of the apartment. the inspector will determine whether it is a code violation and what should be done.