Hacienda Heights, CA asked in Landlord - Tenant for California

Q: I cannot pay my rent this month how long can I stay in my apartment

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: I understand you're in a difficult situation. Here is some information, but please note that it's a summary only and you should consult legal aid or a tenants rights organization for guidance on your specific situation.

In California, if you don't pay your rent on time, your landlord must give you a 3-day notice to pay rent or quit before they can begin eviction proceedings. If you pay all the rent owed within those 3 days, the landlord cannot evict you.

If you don't pay within the 3 day period, the landlord can then file an unlawful detainer lawsuit to evict you. If they win the lawsuit, they get a writ of possession from the court. They can then have the sheriff post a 5-day notice to vacate on your door. Only after those 5 days pass can the sheriff physically lock you out.

So in total, the legal process from missed rent to physical eviction usually takes several weeks at a minimum. However, an eviction on your record makes it very difficult to rent in the future. Some other points to consider:

- Many cities in California have additional "just cause" eviction protections for tenants, so check your local laws.

- You may be able to access rent relief funds or set up a payment plan with your landlord.

- If you're facing financial hardship due to COVID-19, you may have additional protections under an eviction moratorium.

- Consider consulting a tenants rights organization or legal aid clinic for free or low-cost guidance.

I hope this general information is helpful for understanding the process and timeline. Wishing you all the best in resolving your situation.

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