Legal Question in Real Estate Law in California

I have been living in an apartment for a few months now, my girlfriend, three month old daughter and I just got a pay or quit notice and now have three days to move out. They did not have me sign a lease when we moved in. We dont have any family here and no other place to live what should I do?


Asked on 8/24/10, 4:05 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

There was no need to sign a lease; you are a month to month tenant. See if the landlord will accept a partial payment now. Try to avoid getting suit filed against you by agreeing to a move out date and start immediately looking for a less expensive place to live.

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Answered on 8/29/10, 6:59 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Paying rent or "quitting" (moving out) are the two options given you. If you create a third option by doing neither, the landlord will soon serve you with an unlawful detainer lawsuit. These are fast-tracked through the courts, and in an average of 21 days there would be a trial date, probably resulting the the landlord getting a judgment and a writ of possession. A few days later, the sheriff would come by and evict you.

I have some friends who live in Portola who might know of some less expensive rentals and if you can give me an idea what you can afford, I will inquire for you.

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Answered on 8/29/10, 8:37 am


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