Legal Question in Real Estate Law in California
Three day notice to pay or quit? I have prove that landlord collect the Checks for two month and he is asking to pay for this rent again what should I do ?
2 Answers from Attorneys
I would recommend that you contact the landlord as soon as possible, to have a conference where you and the landlord can compare your notes -- canceled checks, etc. -- to try to clear up your dispute before you have to move out or go to court. One or the other of you is wrong. You apparently think you're all paid up. The landlord, correctly or erroneously, thinks you are behind. Someone is right. Someone is wrong. It's better to decide this in an out-of-court meeting.
Unless you are able to show the landlord that you aren't in arrears, the landlord will probably take the next steps toward evicting you. The steps may depend upon whether your unit is under rent control. You might want to check to see if there are any special regulations regarding three-day notices for payment of rent in your city (by calling or visiting the rent control agency). However, nonpayment of rent is not protected by any rent control ordinances that I know of, so rent control isn't going to be helpful if that's indeed the landlord's main gripe. The landlord's next step is to file an unlawful detainer suit.
If you are sued, you have a limited time period to defend by preparing, filing and serving an answer. Check the summons for specifics.
If you are sued, file and serve a timely answer, and appear in court, you'll then have an opportunity to tell your side of the story to a judge. I think you'll be better off having a pre-trial discussion with the landlord to attempt to reconcile any misunderstanding or dispute.
You should try to contact the landlord first. If you are served with a summons and complaint for unlawful detainer, be advised that you have five (5) days to file an answer or other appropriate response with the court. Don't put this off until the last minute.
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