3 day notice and unlawful detainer

By rentee

Hello, I am currently renting a home in Ca. for under 1 year and was given a 30 day notice via email the last week in April. I replied stating I had just had a medical procedure and would not be able to do any packing, etc for several weeks. The landlord agreed.In that time I was not working and could not pay the rent.I was given a 3 day notice on June1st for rent for may and the entire rend due for June. I gave the landlord partial rent this past Sunday,June 6th. I was told that a new 3 day notice has to be given now. I have not gotten anything and will be out for sure tomorrow. Can the landlord still file an unlawful detainer? Does that go/stay on my record? Is there a court process or is it just there and will appear when screened for future rentals?

Edited on: Wednesday, January 5th, 2011 4:37 am

3 Responses to “3 day notice and unlawful detainer”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)

Ben Riser

June 10th, 2010 8:51 am

Can you landlord still file for unlawful detainer?  Well, if you move before the landlord files then the case will be dropped.  At least as far as unlawful detainer’s go.  But the landlord still has plenty of other legal options available to collect past rent monies owed to him.  All of which can go on your tenant history record and credit record.  Here are some things that can still happen to you:
1)  SENT TO COLLECTIONS:  Your landlord can send you to collections for the money owed to him.  The collection agency will report this to the 3 credit bureaus and continue to collect the debt up and until it is paid in full.  Don’t be surprised if the amount jumps quite a bit.  Your landlord has the right to tack on any other legal fees, or cost required to bring your unit to rentable condition.
2)  SMALL CLAIMS LAWSUIT:  Your landlord still has the right to take you to court for the remaining rent owed.  Once again, this will go on your record.  Also, the amounts can be a lot more than you thought due to additional court fees, legal fees etc.
3)  TENANT HISTORY REPORT:  The landlord can report you to tenant history databases to show that you were evicted and that money is owed.  If this happens, the record can be very difficult to remove as many different databases exist.
4)  GARNISHED WAGES / PAYCHECK:  You landlord can go through a court process to have your employment wages garnished.  If this happens that means your paychecks will automatically be deducted and paid straight to the landlord.   Your landlord won’t be able to take all of your wages, but it can be enough to make things very difficult for you financially.
So, what can you do to protect yourself from your landlord hurting your tenant history record or credit report?  Its simple!!  Work out some type of arrangement with your landlord to pay back all or some of the money owed.  Your landlord appears to be a reasonable person IF he let you stay rent free as long as he did.  However, you can’t expect your landlord to take the full financial loss.  Often times rental properties barely break even, so if your landlord had to pay for a couple of months of rent it has probably put him in a bad financial situation.  Try contacting him by being responsible with the money owed.  Tell him about your situation and how you would like to work out something to pay him for the money owed.  If you do this the landlord may take pity and waive some of the money owed.  If he does this, get it in writing and make a monthly payment plan that you can afford and that is acceptable to the landlord.
Word of caution!!  If you do nothing to resolve the problems you caused, you will most likely be in a worse spot when things are taken to the next level.


June 14th, 2010 11:09 am

Im not a lawyer or anything, but I thought that a notice has to be hand deliverd or posted on the door not mailed?


January 27th, 2011 7:15 pm

I am a landlord, I have been so nice to my renters they take full advantage of me they dont pay rent, destroy my units and lie if i dont pay my morgage they will take my home away from me I think renters have a advantage some know the system stay as long as 6 months for free and destroy what you put your hard earned dollars to buy, I loose I make no money each year im ready to give up


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