Legal Question in Real Estate Law in California

I am very sorry to hear of your troubles, however, if the Landlord procedurally follows the rules to evict you, then you have little choice but to move. There is no hardship law in California which would force the landlord to do anything but collect the rent to which he is entitled. You should be somewhat thankful as most landlords would not have even worked with you to the point this one has (most file evictions the first time the rent is late).

The "10 days to vacate" does, however, have me a little bit puzzled. First, since you have lived there for a year or longer (the requirement in the code), then he must either give you a sixty day notice to terminate your tenancy (meaning you must move by the end of the sixty days), or he must give you a Notice to Pay Rent or Quit. The later is usually a 3 day notice, but your lease may have provided for 10 days notice. This Pay or Quit notice is exactly that - you either pay up all past-due amounts within the timeframe provided for, or you move within that time. If you do not move, then the Landlord must file an Unlawful Detainer lawsuit ("UD").

The UD is a complaint filed with the local Superior Court, and its seeks an order from the Court evicting you from the property. If you do not respond to the lawsuit, you may be evicted in as few as a couple of weeks. If you do file a response, it can take a bit longer. The unfortunate part is that unless you pay all of the rent demanded in the time provided for in the original Pay or Quit notice, you cannot ressurect your tenancy - you are almost certainly going to be evicted at some point.

The public assistance options these days are virtually non-existent. Section 8 housing assistance vouchers, as I understand it, has a multi-year waiting list in virtually every County of California. Local churches, and other non-profits might assist you with one month's rent or a part thereof, but I don't know any even here in Orange County who would advance three or more month's rent to a single family, who is then going to be faced with the same problem - how to pay next month's rent - immediately thereafter. I am very sorry Mr. Sampson, but I don't have any great answers for you. Again, I am really sorry about your situation, but I fear that absent the ability to cure the rent default, you need to be looking for a new living situation immediately.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

I sympathize with you, but the court will not. If you do not comply and either pay or move, an eviction suit will be filed. That will further damage your credit and ability to rent anywhere else. Most landlords will not rent to anyone with an eviction on their record. You should either negotiate something with the landlord, or find somewhere to move, because unless the rent is paid in full, the court WILL issue an eviction order, regardless of your desperate circumstances, and the Sheriff WILL physically move your belongings onto the street. Avoid that at all costs.