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Old 02-12-2015, 06:24 PM
 
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I searched everywhere via Google and can't find anything that helps my question. I received a 3 day pay or quit AND a 60 day. What does that even mean? She's telling me to pay in 3 days or she'll evict but I still have to leave in 60?? I'm Confused
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Old 02-12-2015, 06:28 PM
 
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Originally Posted by mlb1981 View Post
I searched everywhere via Google and can't find anything that helps my question. I received a 3 day pay or quit AND a 60 day. What does that even mean? She's telling me to pay in 3 days or she'll evict but I still have to leave in 60?? I'm Confused
Yes, that's what it means. If you don't pay within 3 days, she starts the eviction process. Even if you do pay in 3 days, you still have to be out in 60 days or she starts the eviction process. If your lease has expired, or is expiring in 60 days, this is perfectly legal.
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Old 02-12-2015, 06:35 PM
 
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The 3 Day Notice is telling you to pay what you owe in 3 days or the landlord will proceed with a legal eviction against you.

The 60 Day Notice is telling you that even if you pay, the landlord is terminating your rental in 60 days.

So, if you pay, you are still being told you are no longer welcome. If you don't pay, the landlord will move to evict you through the courts (very bad for you).
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Old 02-12-2015, 06:40 PM
 
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But is it legal because I was withholding rent, after telling her about the inhabitable issues in my home that has been more than 4 months that I have withheld? Instead of doing the repairs she is giving us notice.
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Old 02-12-2015, 06:53 PM
 
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Originally Posted by mlb1981 View Post
But is it legal because I was withholding rent, after telling her about the inhabitable issues in my home that has been more than 4 months that I have withheld? Instead of doing the repairs she is giving us notice.
I don't know of any state that allows you to withhold rent. You can put rent in escrow in some states, which is sort of like withholding rent. Some let you repair and deduct from the rent. There's a legal process you have to follow. But you can't simply refuse to pay rent and expect anything other than an eviction.
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Old 02-12-2015, 08:07 PM
 
Location: Riverside Ca
22,146 posts, read 33,237,834 times
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Originally Posted by mlb1981 View Post
But is it legal because I was withholding rent, after telling her about the inhabitable issues in my home that has been more than 4 months that I have withheld? Instead of doing the repairs she is giving us notice.

Withholding rent needs to be executed very very carefully. You must follow correct steps in doing so. Just because you see the repairs to make the house uninhabitable diesnt mean it's uninhabitable.

What sort of things do you see as uninhabitable in the house?
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Old 02-12-2015, 08:11 PM
 
Location: St Thomas, US Virgin Islands
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Originally Posted by mlb1981 View Post
But is it legal because I was withholding rent, after telling her about the inhabitable issues in my home that has been more than 4 months that I have withheld?
Carefully read this:

California Tenant Rights to Withhold Rent or
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Old 02-12-2015, 08:18 PM
 
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Yea before doing so we did our homework. We have no heat. Our outlets have bare wire. I found out other night if out If my lamp is plugged in and I remove it, it turns off all our lights in our home and makes a weird crackle noise. A long with a floor that is unsteady and a broken step. Along with a few other things. I definitely don't want a eviction but I also don't want to give someone money for something that should of been fixed.
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Old 02-12-2015, 09:01 PM
 
Location: Riverside Ca
22,146 posts, read 33,237,834 times
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Originally Posted by mlb1981 View Post
Yea before doing so we did our homework. We have no heat. Our outlets have bare wire. I found out other night if out If my lamp is plugged in and I remove it, it turns off all our lights in our home and makes a weird crackle noise. A long with a floor that is unsteady and a broken step. Along with a few other things. I definitely don't want a eviction but I also don't want to give someone money for something that should of been fixed.

Well in that case I don't blame you. But you'll end up fighting it in court. Get your ducks in a row.
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Old 02-12-2015, 09:15 PM
 
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If this is occurring under the legal guidelines (example you are doing a pay & deduct and have adhered to the specific procedures under CA law), you may want to familiarize yourself with CA Civil Code 1942.5. Read it, understand it and see if it applies to your situation.
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