I just received a "3-day Notice To Pay or Quit" I paid three months security deposit when I moved in... (Los Angeles: lease, eviction)

[maui08]

You actually have a lot more freedom than what previous replies have told you. As the tenant, you are protected more than the landlord is. You may have received a 3 day notice but this is actually a very long process and very time consuming for the landlord. 9 times out of 10 the landlord whether he/she is in the right or not will not follow through with suit as it will cost them more financially to go after whatever rent is not paid and once they do end up in court which is months later....all they receive is a judgement. Then it falls back on them to collect the monies. If the tenant refuses to pay or does not have the money....there is nothing that can force them to pay. All that happens is it might end up on the credit report of which they can also file a dispute against and this will show on there credit report.

There is no debtors prison. You have your story and the landlord will have their side....a judge will hear you out and will normally meet in the middle somewhere.

[NefariousTheos]

after the 3 day notice and you still dont pay the landlord now goes to the courthouse and files for unlawful detainer, then you will be served the court papers, at this point you still have usually 30 days to move, and if you do move within those 30 days the land lord cannot do anything else to you except keep your deposits, which is what you wanted to do in the first place, and since there was no eviction theres nothing that can be put on your credit rating..

[Mostly Lurking]

The last few posts had some terrible advice. It is not in your interest to play amateur lawyer and try to game the legal system. Your lease probably has an attorney's fees clause, which means that, while you are having fun exhausting your legal rights, the landlord will be using your deposit to pay his legal bills (which he is entitled to do under most standard leases). Plus your credit history and tenant history will be trashed.

Pay your rent, do the video walkthough when you leave and fight about the deposit later, if you have to.

[marilyn220]

Originally Posted by Mostly Lurking

The last few posts had some terrible advice. It is not in your interest to play amateur lawyer and try to game the legal system. Your lease probably has an attorney's fees clause, which means that, while you are having fun exhausting your legal rights, the landlord will be using your deposit to pay his legal bills (which he is entitled to do under most standard leases). Plus your credit history and tenant history will be trashed.

Pay your rent, do the video walkthough when you leave and fight about the deposit later, if you have to.

This is the BEST post so far on what will be your future circumstances.

Here's what I've noticed about landlords and credit checks - they don't care about bankruptcy, charge-offs, or judgments. If they find an EVICTION on your credit report, then you don't stand a chance in getting a new apartment (in a DECENT neighborhood that is).

They don't want to know who, what, where or why. All they know is that YOU were EVICTED, which translates into "PROBLEM TENANT". Totally not worth it.

I mean you might get by if it's a MONTH TO MONTH tenancy and even then you're taking a chance.

Give your 30 days, pay your rent, video walk through (cause he's shady) and take your chances. If he doesn't pay, then take HIM to court to get your deposit.

[marilyn220]

Originally Posted by ANAPA

Pay or quit? Does this mean pay or quit living there? I've never heard this term in NYC.

Also, a landlord can begin eviction proceedings if you're just three days late on the rent??? In NYC they might be able to do something like that but the judge will yell at them if it goes to court and the tenant has the rent so the landlords don't do the whole three day thing here (they usually wait two months so they can build an actual case against the tenant).

By the way, how strong are tenants rights in in LA county?

Yeah, picture a NYC landlord trying that mess! The judge will be sooooooo pissed!!! LOL!

NYC landlords will wait 30 days (maybe even 60) before taking it to court. Landlord/Tenant court would be clogged all day from sunup to sundown if they did the THREE DAY QUIT thing. Also, the judge mostly always favor the tenant to give them time to pay up.

When I first moved to LA, I didn't pay my rent by the first or fifth (grace period). I had it, but was wasting time dropping it in the box. Do you know the landlord came to my apartment with a three day notice???!!! I was like "What's this?" He said it's a notice to pay up or quit (meaning leave).

Needless to say I got schooled real quick on how things are done in other parts of the country. Luckily, I had mailed the check out the day before, but I made sure to NEVER let that happen again. My landlord's SUPER NICE. If you need something fixed, he's there. There's a $25 late fee, but he didn't make me pay it that first time.

Also, if you're late paying your rent three times or more in LA, the landlord can move to evict you. Yes, I know. Completely weird, but whatchu gonna do?

As far as tenants rights, um, I really wouldn't take it that far here, because you don't want any type of landlord/tenant thing as a public record filed by the landlord. I'm of the mindset that if the Landlord doesn't want me here, then I'll leave.

[marilyn220]

Originally Posted by greggd

You have 3 days and you will be removed via sheriff.

I would suggest overnight mail today and if you do not want to continue living there, start preping the unit now and follow the excellent advise above.
Include a witness during the walkthrough in addition to pics & vid. take some pic's from the video so you have both options for the judge (they like to move this kind of stuff along quickly)

Don't forget to have a newspaper in full view with the current date on it.

This will serve as absolute proof that the apartment was fine when you left it.

[greggd]

I seem to recall that individuals who didnt pay were removed rather quickly from the units. Im not a landlord, so I cant speak from my own experience but know a few people some time ago that were moved out fast by the sheriff..

[Ultrarunner]

Might depend on the jurisdiction...

Alameda County instituted a expedited program if the owner's basis was unpaid rent and the tenant didn't file an answer...

[ANAPA]

Originally Posted by marilyn220

Yeah, picture a NYC landlord trying that mess! The judge will be sooooooo pissed!!! LOL!

NYC landlords will wait 30 days (maybe even 60) before taking it to court. Landlord/Tenant court would be clogged all day from sunup to sundown if they did the THREE DAY QUIT thing. Also, the judge mostly always favor the tenant to give them time to pay up.

When I first moved to LA, I didn't pay my rent by the first or fifth (grace period). I had it, but was wasting time dropping it in the box. Do you know the landlord came to my apartment with a three day notice???!!! I was like "What's this?" He said it's a notice to pay up or quit (meaning leave).

Needless to say I got schooled real quick on how things are done in other parts of the country. Luckily, I had mailed the check out the day before, but I made sure to NEVER let that happen again. My landlord's SUPER NICE. If you need something fixed, he's there. There's a $25 late fee, but he didn't make me pay it that first time.

Also, if you're late paying your rent three times or more in LA, the landlord can move to evict you. Yes, I know. Completely weird, but whatchu gonna do?

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.

[CESpeed]

As long as the check is in their hand by the third of the month, landlords are happy. Communication is your friend if you need to be late from time to time.