Legal Question in Real Estate Law in California

Ramifications of late payment and ''pay or quit'' notice

Hi,

For this months rent, I wrote in a check from an account that I closed. The check bounced and my landlord served a legal notice, ''pay rent or quit''. In the notice it says ''The landlord elects to declare a forfeiture of the lease''. So what does this mean? Is that mean the lease is no longer valid and I can move out if I want to? Or that they are not bound by the lease any more but I am?

Thanks


Asked on 5/18/02, 2:02 pm

2 Answers from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Ramifications of late payment and ''pay or quit'' notice

It's a legal requirement. Which will be necessary at some point in the future legal entanglements, to sue you for the future rent due. That you may be obligated on before the Unlawful Detainer (UD) trial, and after you're removed from the premises.

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Answered on 5/18/02, 4:46 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Ramifications of late payment and ''pay or quit'' notice

When the tenant defaults in rent or breaches a covenant of the lease, the landlord has a statutory right under Code of Civil Procedure section 1161 to elect a forfeiture whether or not the lease agreement has a forfeiture clause. The election to declare a forfeiture means all rights and duties under the landlord-tenant relationship come to an end. The tenant is no longer liable for future rents, and also loses all rights of possession, so you can no longer get reinstated by making back payments.

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Answered on 5/19/02, 9:28 pm


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