What happens if you are given a 3 day notice to pay rent or quit? (apartment, rental)

[sleepykirsty]

If I am given a 3 Day Notice to Pay or Quit and choose not to pay and move out, what are the repercussions? Do they take me to court? Do I have to pay other fees? Or is it as simple as that? I don't pay and I move out. Period.

[Luke9686]

You move out, and don't get your deposit back.

Normally, if the place wasn't damaged, they won't take you to court.

If you ever get into this situation, for future reference, talk to the landlord asap. They will usually work with you, unless you're habitually late on payments.

[DyaneRiemer]

It sounds like you are in a tight spot, and I wish you the best of luck in your decision. Although I am not an attorney, it is my understanding that if you decide to stay and not pay, the landlord can get a court order to have you evicted. This is called an "unlawful detainer". The Sherrif will show up and personally evict you, and you will also be liable not only for any rent monies due, but any interest and any damages, as well. There will be a public record of this, and it will go on your credit report, and will stay on there for seven years from the date of eviction, even if you pay it off. If you don't pay it off, it will continue to collect interest, and in California, that is at a rate of 10% per year. So it affects your credit score, and could also affect your "rentability" if any future landlord pulls your credit. If I were you, I would consult an attorney to see what your options are, and also try to work something out with your landlord. It's worth it to protect your credit history if at all possible.

[DMenscha]

The three day pay or quit notice allows the landlord to file an unlawful detainer action against you in court after the 3 day period. Rarely does the tenant move out.

[cityx]

After you move out try your best to work out some payment plan with your landlord/mgmt company.
If you do not than it will be very, very difficult to rent again for several years (they report you to the Apartment Association) in addition to blemishing your credit.
Way back in 1992, living in my first apartment away from the folks, something similar happened to me and my credit was ruined. It took be about seven or eight years to be able to rent again. The years in between were very rough always having to have a co-signer, paying a massive deposit, or not being able to rent at all.

[mcosme]

I gave my landlord a 30 day notice to move she then gives me a 3 day notice to pay or quit..what happens now? after the 3 days are uo and I dont pay does she then serve me with a 30 day to move?

[daddiesgirl]

It sounds like you are either behind in payments or broke the terms of your agreement. The first step in filing an unlawful detainer is the 3 day to pay or quit. If you quit and move out within three days, you can still request your deposit back assuming the place is not damaged in any way.

If you stay and ignore the notice, the unlawful detainer is then filed with the Courts. It could take anywhere from a week to 3 months before the Sheriff's department shows up to throw you out. Just remember the longer you stay, the more the devastation will become because the landlord will have the right to request court fees, attorney's fees, sheriff's fees, interest on all monies owed and in certain cases, request future loss of rental property income if there are differences in what you are paying now and what they can get from a new tenant later. It is always best to discuss and resolve things peacefully if possible. There are not many defenses you can give to the court to avoid paying your rent. You either have it or you don't. If you don't; move. End of story and the court won't hear what your reasons are.

[DMenscha]

Originally Posted by mcosme

I gave my landlord a 30 day notice to move she then gives me a 3 day notice to pay or quit..what happens now? after the 3 days are uo and I dont pay does she then serve me with a 30 day to move?

Your landlord is likely acting outside the law unless you owe her money for rent at the time you gave notice.

Even the 3 day POQ merely allows the landlord to advance to an unlawful detainer action, which they are very unlikely to have heard in court before your move out date.

You really should contact an attorney or legal help line in your area for more as the above doesn't constitute legal advice.

[nursedebbie619]

Our lease is up and I want to move, my new ex wants to stay. What happens to the deposit if he stays?

[ferretkona]

Originally Posted by nursedebbie619

Our lease is up and I want to move, my new ex wants to stay. What happens to the deposit if he stays?

Pretty obvious, the landlord continues to keep the deposit.
You will want to serve notice to the landlord that you are vacating and will not sign the new lease. Sadly they usually just keep the current one rolling and include you in any future collection.