I just received a "3-day Notice To Pay or Quit" I paid three months security deposit when I moved in... (for rent, evictions) - Page 3 - City-Data Forum

marilyn220 · 08-15-2008, 10:52 AM

Quote:

Originally Posted by ANAPA

Is that three times in a row or three times in a 12 month period, and will the courts actually side with the landlord? And what do they consider late?

In New York I have been late from time to time because I was doing blue collar work and had to wait for the check from a payment from a customer to clear (or show up). It never became a big deal here, but I'm thinking it might be a big deal in Cali.

New York landlords don't care or trip off that sort of thing. If they did the housing courts would be clogged all day long with very upset Housing Court judges.

SOUTHERN CALI or Los Angeles is different. Everything is different here.

It's just best to try to pay your rent as close to the grace period as possible and call it a day. Don't try to live out your security, because that doesn't wash here. The landlords will STILL come after you for the month that you lived in the unit.

mroldtown · 12-20-2008, 01:21 PM

I received a 3 day notice to pay or quit - I responded that I am leaving the property ASAP If am voluntarily leaving in the quickest fashion possible from the premisies, can I still be evicted ??

mroldtown · 12-20-2008, 01:31 PM

I am planning to be compeltely out of the rented home by the 3rd - rent was due on the 16th. notice was posted on the 19th

BennyPhoenix · 12-20-2008, 01:33 PM

Quote:

Originally Posted by mroldtown

I am planning to be compeltely out of the rented home by the 3rd - rent was due on the 16th. notice was posted on the 19th

You need to be out on the 3rd day. I believe weekends and holidays are not included in the 3day count. Tell the landlord your intention. Make things as smooth as possible in order to minimize problems.

mroldtown · 12-20-2008, 01:47 PM

What about Ca Law protecting renters- there lots of other similar cases. If she wants to file for eviction - that would give me 30 days to get out right ? and im leaving in about 12

bayarea-girl · 12-20-2008, 02:02 PM

First, this will never go to court. So don't panic. If you had not paid the rent in several months then there would be a problem. Now, since you already gave a notice inform the landlord/owner that you would like your security deposit to be used towards your last months rent. Make sure you leave the property in good condition and either video tape it or take pictures.

You don't have to move in 3 days. Even if you were going to be evicted which is not going to happen from the time a judgment is filed and there is a hearing the judge gives you time to move if you were evicted. The only thing that can go on your credit/background report are judgments. Depending on where you live in LA laws lean more towards the renters. The landlord/owner will either say yes or no to letting part of your deposit go towards your rent. Don't worry. But you should communicate this with the owner. Make sure you put it in writing.

Since you already are moving if they were going to take you to court they would have to pay you back your deposit and the judge would find that the deposit would go towards the unpaid rent and or damages to the property. What you owe is too small & the cost for them to file the paperwork is just not worth landlord/owner to even bother.

bayarea-girl · 12-20-2008, 02:03 PM

Also, contact your nearest renter's board.

bayarea-girl · 12-20-2008, 02:06 PM

Also, how long did the landlord/owner hold your deposit that they refunded to you? You should have asked for the interest from that and it wouldn't hurt to ask them for it now as you ask them to put some of your deposit towards your rent if the interest is significant tell them you might have to take them to court for the difference.

mroldtown · 12-20-2008, 02:17 PM

Yes we are leaving, ASAP. way before there is time to file any judgements - I let her know I would be responsible for any damages should she find any after we left. Of course I'll take photos and documment the condition that we leave the place in .

Ultrarunner · 12-20-2008, 02:20 PM

Quote:

Originally Posted by mroldtown

What about Ca Law protecting renters- there lots of other similar cases. If she wants to file for eviction - that would give me 30 days to get out right ? and im leaving in about 12

A 3-day notice is the first step in the Eviction Process.

After 3 days, the owner can file a Unlawful Detainer case if the 3-day hasn't been cured.

Depending on where you live... Law Enforcement could be at your door in 30 days... in my area 5 weeks is more typical.

If you loose in court, Law Enforcement in my area will post a 72 hour notice on your front door telling you they will forcibly remove you in 3 days if you are still in possession...

The downside is the Eviction will show up and every rental application I've seen asks if you have ever been evicted. Owners often ask for a monetary Judgement in addition possession of the unit. Monetary Judgements also show up.

Security Deposits can be used for tenant caused damage and unpaid rent. It can also be used for legal fees depending on how the lease is written.

The Owner can also asked the Judge for court fees... Process Servers, Filing Fees and Law Enforcement Costs are easily several hundred dollars.

Here is a link to the State of California's Website describing the Eviction Process: California Tenants - California Department of Consumer Affairs (http://www.dca.ca.gov/publications/landlordbook/evictions.shtml - broken link)