I know that the notice says 30 days but I am having a hard time finding a new place to live and I was wondering how long can I legally stall before I end up moving? I am in California and I would like to know how long can I go without paying the rent before the landlord can kick completely kick me out? I have to move by the 23rd but my rent is due on the tenth, so he is charging me for 13 eday difference, I don't want to pay because I have to use all of my money to look for another place. Can I do that? Not pay that is
2007-02-07 01:34:00 · 6 answers · asked by jtworks79 1 in Business & Finance ➔ Renting & Real Estate
No, you can't legally avoid paying unless perhaps you declare bankruptcy - then see how easy it'll be to find a new apartment.
2007-02-07 02:04:01 · answer #1 · answered by mattzcoz 5 · 0⤊ 0⤋
When was the notice delivered to you? And is this an eviction action or just the expiration of a lease or month-to-month tenancy?
To be legal it must be delivered one full rental period in advance of the effective date. To be effective on March 10, 2007, the notice must be delivered to you on Feb 7, 2007 or earlier. If your landlord delivered notice on Jan 23, 2007 telling you to be out on Feb 23, it's actually effective on March 10, the rent-due date. You may stay until March 10, as long as you pay your rents when due.
If you don't pay your rent, your landlord can serve a 3-day notice and proceed with eviction if you do not pay immediately. You do NOT get any "free rent" period.
If your landlord is trying to evict you for cause (other than non-payment of rent) he can serve 30 day notice at any time and you must be out within the 30 days or you will face formal eviction proceedings. You are still responsible for rent until you actually leave. If the lease is not up, you may also be held responsible for rents beyond your departure date until either the lease expires or the landlord re-lets the unit.
2007-02-07 02:17:28 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
If the requirement under your lease is 30 days of notice, then the landlord has done what he's supposed to do and you should do the same. If you remain in the property beyond the termination date, the landlord (in my state at least) can immediately file suit for possession if you do not vacate.
You will owe rent for the entire time you occupy the rental unit. Your landlord can (and likely will) sue for whatever rent is due in conjunction with the suit for possession.
If the landlord has signed a lease with another tenant and loses that deal as a result of not being able to give them possession (due to your holdover) you may be liable for his loss as well. That could be BIG $$$.
Your best bet is to concentrate your attention on finding a new place and speak with the landlord to see if there is any latitude on your vacate date.
2007-02-07 02:15:09 · answer #3 · answered by njc_flhtc 4 · 0⤊ 0⤋
I f you have a month to month lease, the 30 day notice you got, is a 30 day notice to pay rent or quit.
Which means you will have eviction procedings started sometime between now and 30 days, depending on the law of your state.
If you can not start an eviction until the 30 days is up in your state, anytime after 30 days is borrowed time...the sheriff could come at any time after the hearing.
My suggestion would be to leave before it gets ugly.
You can look for a legal aid society, and see if they can help you, if you say the place was sustandard...but unless you live in a liberal state like california, the outlook isnt good for you
2007-02-07 01:41:26 · answer #4 · answered by gary d 3 · 0⤊ 1⤋
If you have 30 days to vacate then 30 days it is. In terms of what you owe, you owe whatever the rent is, you not paying just means that your are not paying someone who you owe money to. Legally, though, you have to pay.
2007-02-07 02:55:37 · answer #5 · answered by Real Estate Guy 2 · 0⤊ 0⤋
you should pay your rent. you are scum
2007-02-08 11:15:48 · answer #6 · answered by Joe P 1 · 0⤊ 0⤋