La Habra, CA asked in Real Estate Law and Landlord - Tenant for California

Q: I need advice on eviction caee

I was supposed late 4 times on rent this year. In july the park manager supposedly put a 3day 60 day notice to pay or quit on my door. When i returned home no such notice was there. Supposed they sent a certified letter....i never signed for any letter. I paid the rent in july....was $5 short...turned money back in....they won't accept any more rent payment. I requested the proof....pic of paper on door and tracking number from letter....was told that thsir legal counsel advised them not to give to me. I don't want to be evicted....i have a 7 yr old girl who i don't want to see homeless. I do have late rent that enough for a judge to evict me or do i stand a chance at winning if it were to go to court?

1 Lawyer Answer
Pahoua C Lor
Pahoua C Lor
  • Landlord Tenant Lawyer
  • Fresno, CA
  • Licensed in California

A: Unfortunately, if you are late on your rent, the landlord properly served you with 3-day notice to pay rent or quit and you did not pay during the specified time period on the notice, the landlord does not have to accept your rent. If the landlord does not accept your rent, your landlord can proceed with an eviction based on the 3-day notice. There are specific requirements that the notice must state in order to comply with the law. If the notice does not state those things, you may be able to argue that the notice is defective.

In the event that the case goes to court and you are evicted, you may apply for a stay of the eviction/unlawful detainer if you can demonstrate that you will suffer undue hardship. However, be aware that the court may ask you to pay for the number of days that you are requesting to stay as a condition to letting you stay longer.

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