Legal Question in Real Estate Law in California

Re: renter

The landlord will typically serve a 3 day notice to quit if you are (1) behind on the rent; or (2) failing to comply with some other lease convenant. In either case, the landlord can file an eviction lawsuit if you do not comply.

Having children does not entitle you to any special treatment under the law or give you more time to move out. You have a legal obligation to pay the rent. If you don't pay the rent and the landlord wins the election lawsuit, the Sheriff's Department can remove you from the premises upon proper notice.

Re: renter

Elaborating on my colleague's post, it will take more than 3 days to evict you. They will have to file an unlawful detainer lawsuit if you don't comply with the notice. Typically, those could take a few weeks to resolve if you file an answer with the court. If you don't file the answer, the eviction could come pretty quickly. However, if you are evicted, you would be responsible for rent before the lawsuit was filed, rent to the day of the court's judgment, attorney's fees and court costs. Also, an unlawful detainer lawsuit will appear on the U-D Registry, which (like a credit report) could make it a lot more difficult for you to find another apartment. Good luck!

Re: renter

It's been a couple of years since I did much landlord-tenant law, but I seem to remember there was only one aspect of an eviction where hardship (such as physical handicap) gave the tenant any additional rights.

A three-day notice can be phrased in at least two different ways: a notice to pay rent or quit; or a notice to quit, declaring a forfeiture of the lease and cutting off your right to reinstate the lease by paying up.

Since there is a judicial policy to avoid forfeitures whenever possible, hardship has sometimes been cited as a proper basis to allow a tenant to reinstate herself by paying.

Honestly, I doubt that the principle would be extended to you merely because you have dependent family, and in any event you would have to make the payment, or offer to make it, then defend the ensuing unlawful detainer in court, citing your hardship and your attempt to pay rent, and hope the court would order you reinstated despite the landlord's attempt to cause a forfeiture.

Further, if you are month-to-month or there is little time remaining on your lease, avoiding a forfeiture isn't a big benefit.