Can the landlord evict me with only a 7 day notice?

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Can the landlord evict me with only a 7 day notice?

The landlord wants me to move out because I was late on the rent; I only paid part of it on time ($600) and was going to pay the rest late ($250) but he asked me not to pay him anything else I owed him. He just wants me to move out but he is only giving me 7 days. Do I have to move out in that time or does he have to give me a 30 day notice? He says that if I want a 30 day notice I have to pay in the rest and part of the next months rent. He hasn’t given me any written notice or anything he just sends me everything through a text.

Asked on May 17, 2011 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Actually, in CA, a 3-day notice is legally sufficient regarding non-payment of rent.  However, this means that if you do not pay within that time, your landlord may then file an unlawful detainer action (i.e. eviction) against you. They cannot just evict you. Obtaining a vacate orderin court usually takes 30 or so days (and another 5 for the sheriff to physically remove you).  However, you will be liable for any and all costs involved in bringing the suit as well as any back rent owed.

You should be aware that this notice must comply with all legal requirements.  Accordingly, it must:

  • Be in writing;
  • Say the full name of the tenant(s);
  • Give the address;
  • State exactly how much rent the tenant owes (the notice must not include other money the tenant owes, like late fees, interest, utilities, or damages, and it can't go back more than 1 year even if the tenant owes back rent for a longer time);
  • Have the dates the overdue rent is for;
  • Require that the rent must be paid in full within 3 days of receiving the notice or the tenant must move out;
  • Give the days and times the tenant can pay the rent owed, and the address that is can be paid at or mailed to; and
  • Have the landlord's signature and the date of the notice.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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