Full question:
After you are served a notice to vacate by writ of possession, is the ability to pay the outstanding money owed to the landlord to rectify the situation and continue with the terms set forth in the lease or will I still need to vacate?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: California
Answer:
The answer depends on whether you received a three-day notice with a right to cure. A right to cure allows you to correct a violation, such as paying overdue rent. If your landlord properly serves you a three-day notice for unpaid rent, you must pay the full amount due or vacate the property by the end of the third day, unless you have a valid reason for not paying, like the landlord's failure to maintain the property.
If you choose to pay the rent, contact the landlord or their agent immediately to inform them of your intention to pay the amount specified in the notice (if accurate) and arrange for payment. Ensure you pay by the end of the third day using a cashier's check, money order, or cash, and obtain a receipt showing the date and amount paid. Typically, landlords cannot require past-due rent to be paid in cash.
Even if the notice doesn't state that you can correct the issue, you can still try to convince the landlord to allow you to stay if you promise to be a good tenant. However, if the landlord waives the late payment, any further violations could lead to another three-day notice or a 30-day notice.
According to California law (Cal. Civ. Code § 1161), a tenant may be guilty of unlawful detainer if they remain in possession of the property after failing to pay rent and after receiving a proper three-day notice. This notice must include the amount due and details on how to make the payment.
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.