Legal Question in Real Estate Law in California
I got a verbal over the phone 20 day notice, the landlord wants us out by the first but nov. 10th she said she was giving us our 3 day pay or quit, I'm desperately looking for a place to live but the first is 3 days away. I know i could get up to 90 days but i don't know what to do. How do i get more then twenty days or what do i tell the landlord? Does the landlord have to give me the 3 day pay or quit on paper?
2 Answers from Attorneys
Most notices from landlord to tenant and vice-versa must be given in writing - see for example Civil Code section 1946. You didn't say what the reason was for your initially being given notice; that information might be helpful. Some notices like the 3-day pay-or-quit can be handled by doing the demanded thing, i.e., paying. Others are absolute and create a forfeiture of the balance of the lease, if any. Also, I assume you are in National City, CA and as of 2002 there was no local rent-control ordinance, but perhaps one has been enacted recently?
You "KNOW ... could get up to 90 days"? Really? You should be telling us how. The landlord is required to give a written 3 day notice if there is a breach of lease by you, such as non-payment. That is followed up promptly with an Unlawful Detainer lawsuit which will have you in court in about two weeks or less, and forceably removed from the property by the Sheriff within another two weeks or so. The judge can not and will not give you any 'sympathy' or make any deal with you for payments or otherwise. You're either paid in full by the end of the 3 day notice period, or evicted. The landlord is not obligated to accept any payments after that date. Negotiate a deal with the landlord if you can.