Legal Question in Real Estate Law in California

Received a 3 day to pay or quit

How long can i stay before the law asks me to leave


Asked on 6/09/07, 9:05 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Received a 3 day to pay or quit

The only thing I can add to Mr. Cohen's response is that you can gain some more time by filing an answer to the unlawful detainer complaint. I would not recommend doing so unless you have some more or less genuine defense to present, such as a mistake by the landlord in the amount claimed due. Defending against the UD may give you a total of three or four weeks between the notice and the sheriff's arrival. There is also a remote chance that you might win the UD suit if you have a rock solid defense, but hardship isn't enough.

There is always the alternative of bankruptcy, which will stop the UD action and force the landlord to go to bankruptcy court to move for relief from the automatic stay. BK is a major step with wide-ranging consequences, and I don't recommend it unless you are genuinely bankrupt and going through a bankruptcy will be a net benefit for you.

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Answered on 6/09/07, 1:09 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Received a 3 day to pay or quit

If you don't pay within 3 days and don't leave, the landlord will file an unlawful detainer lawsuit against you. (That could have negative consequences for you in finding another place to live.) Then, you will have to answer within 5 days of service of the lawsuit. If you don't answer, the landlord will seek a default judgment for possession and perhaps back and forward rent. Then you will be locked out by the sheriff within a few days. You might try negotiating with the landlord to pay something to give you time to file another place and move your belongings.

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Answered on 6/09/07, 9:13 am


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