What do i do if i am going to fight a 3 day notice.?

Question

I think this is a slum lord situation.I am at fault for trusting and not having my paper work.However,i am getting a 3 day notice,what is the process if i am going to fight this.The landlord says i will give you a day notice then another notice to leave after 5 more days.I live in california.Help me please

Answer 1

what the landlord has issue is a 3 day notice to cure the breach or leave, then after the three days the landlord will file in court for eviction, you will then receive a notice in the mail of the court date, at that time you go in front of a judge an explain your side, have all your ducks in a row when you go in front of the judge bring all evidence with you to prove your side

Answer 2

Well, the problem with your question is that you didn't specify any legal grounds for fighting the 3-day notice. The most common type of 3-day notice is for failure to pay rent, but it can also be for some other lease violation like making too much noise.

If you do not comply with the, the landlord can file an eviction lawsuit against you. If you feel you have legal grounds to fight the eviction, you must file an answer to the eviction lawsuit once you have been service. The most common defenses to an eviction lawsuit are:

The landlord's three-day notice requested more rent than was actually due.

The rental unit violated the implied warranty of habitability.

The landlord filed the eviction action in retaliation for the tenant exercising a tenant right or because the tenant complained to the building inspector about the condition of the rental unit.

You need to consult a local attorney for further information.

Answer 3

The most common ground for a 3 day notice is non-payment of rent. Paying the rent in such a case is the quickest and most effective way to restore the status quo. And, yes, the 3 day notice to pay or quit is a codified notice in CA. Ignore the long answer that says 3 days is too short, etc. If the rent is not paid in the 3 days, then the landlord may commence unlawful detainer proceedings in court. You would have 5 days to answer the UD complaint. Then, there would be a trial.

Answer 4

Request from the guy - IN WRITING - for a copy of any contractual agreement that you signed, that would allow for a 3 day notice to be served and that you would agree to those terms.

Deliver him the Request by Certified Mail - Return Receipt Requested ... and make sure you put the number of the Return Receipt ON THE REQUEST as evidence that it was in the envelope you sent ... also with an Affidavit of Service showing that you swear under oath that you delivered that which you say you delivered by that Certified letter.

It is really not confusing - but; you must NEGOTIATE ... as long as you are negotiating ... you cannot be brought to court lawfully - as if you are IN FULL AGREEMENT THAT YOU SHOULD LEAVE ... if he can provide you evidence that you agreed to the terms he is forcing upon you - then you will do so - but; if not, then you need to negotiate terms of your leaving prior to doing so ...

Whether you will be paid for exiting ... or that another place will be made available. 3 days to leave is not adequate as there is no time to relocate and what criminal act have you done that the penalty should be - "homlesness"???

This guy cannot evict you unless it goes to court - and if you are negotiating - no court has jurisdiction to hear a matter unless all attempts of negotiations have passed.

Do not stop negotiating ... if he stops negotiating with you ... keep sending him letters telling him how much you appreciate leaving the floor open for negotiations and how you just want to make everything right for him ... and you only need to know of an amicable resolution to do this; otherwise -

It really takes a Sheriff to evict you - and in order to do that - you have to have a court order the Sheriff to do so - otherwise you can lawfully tell the Sheriff that you would like to see the Court Order he is carrying out, because ... you do not know of any court that you been before to defend concerning the matter ...

You need to also know - that whatever you agree to - that you are held by and obligated to perform.

Contract ACTUALLY MAKES THE LAW ... if you agree - you agree ... and are held liable -

So - CONDITIONALLY AGREE to EVERYTHING ... and say you will perform whatever they want - if they can Prove - thus and such ... and put some of your own terms in there as well so they got something to negotiate with as well ... like a thousand bucks for relocation fees or whatever.

hope this helped

Peace;

Aintmyfault
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