Legal Question in Real Estate Law in California

Re: State of California Eviction Notice

Tell your landlord what your situation is and see if you can work some partial payment out now and a payment schedule so that you are fully paid up by an agreed to date. I assume you are not in a rent control city. After the 3 [not 5] day notice, the landlord has to serve you with a summons and complaint for unlawful detainer. In general, you must be personally served by the papers being handed to you or someone attempts to hand them to you, they be left after several tries with an adult who reasonably can be expected to give you the papers, or, after these attempts, posting in a place that it will be seen and mailing to you the 3 day notice.

You have 5 days to answer the complaint [is that the document you are taking about?]and a trial date will be set perhaps within a month [if you do not already have a trial date, call up the court clerk's office and ask when such cases are being set for trial]. You can see if you can get the matter continued for a good reason. Delaying tactics can often buy an additional 2-3 months, but if you do not work something out with your landlord they will evict you under a thirty day notice if you have a lease or merely refuse to renew your month to month rental. Get the Nolo Press book on tenants's right [go to the local law library and they will probably have it]. Talk to a tenant's right group in your city.

Re: State of California Eviction Notice

You can file a bankruptcy before the 5 days is up and you will have up to 5 years to pay the landlord back. But it will cost you between 2 to 4 thousand dollars to hire an attorney to assist you.