Full question:
My landlord served us with papers to pay rent or leave within three days. I lost my job and wanted to pay it with my tax refund. Yesterday I received a notice to vacate by 3/16/08. I have to leave by Sunday. It's impossible with 5 children and no where to go, what can I do?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: California
Answer:
Landlords and tenants must act in good faith regarding lease agreements. Tenants are generally responsible for paying rent on time, as outlined in their lease. If a tenant fails to pay rent, the landlord must provide written notice of the breach, specifying what needs to be remedied and a deadline for doing so. The notice period varies by state law, but in California, a landlord can issue a three-day notice to pay rent or vacate if rent is overdue.
If you pay the rent within the three days, your lease remains intact. If you don’t pay and stay in the property, the landlord must go through formal eviction proceedings, which cannot involve self-help methods like changing locks or removing tenants without a court order.
In California, if the landlord files for eviction, you have five days to respond to the complaint. If you don’t respond, the court may issue a default judgment against you, allowing the landlord to proceed with eviction. Valid defenses against eviction include improper notice and acceptance of partial rent.
For your situation, consider reaching out to local legal aid organizations or housing authorities for assistance, especially given your circumstances with children and job loss. They may help you negotiate with your landlord or find temporary housing solutions.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.