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Who can tell me the California procedure that I will face because I have not paid my rent?

Im renting a house that is in the beginning stages of foreclosure. It's been put up for a short sale. I asked my landlords to consider making an exception in releasing my security deposit to me upon moving rather then going w/ their normal walk through AFTER house is empty and then giving to tenants in 2 weeks. They have refused to budge on that so, my husband and I decided to let them keep it and we won't pay them rent for the last month we are there. We signed a new lease for June and plan to move. I have not submitted a letter or called our landlord but they left me message today to contact them by tomorrow or they will send a letter to vacate. Now, here is where I need your expertise; hopefully from someone who has recently been through this similar situation. On a Month to Month lease- will they issue a 3 day or 30 day notice? second, if it is a 3 day notice and I don't move by then what happens? Can they show up at the door? I basically want to know if I will be ok until the end of the month at least. But would like 30 days if possible. We've been good tenants and had no choice to do things this way.... Please only respond if you really know what the California Tenant/landlord laws are. Please be specific to detail. Thanks for your help. Ok people, I know what would happen in court but I'm not letting it go that far. So, if you are a landlord or property mangr. then I don't want your opinion probably. I need a response from someone who can get me through this w/o going to court. ....and again, they technically have rent from me for this month. They're house is in excellent condition and will be left clean and better then they gave it to me! I would not be moving if they didn't stop paying on their home which has now lead into foreclosure.

Public Comments

  1. Your excuses won't work in a court of law. You had a valid, binding lease requiring you to give notice and because the law and your LL didn't agree that you should get what you wanted when you want it, you say you had no choice but to do things this way. Garbage! You are breaching the lease agreement and LL/Tenant law in CAL is NOT on your side. You have failed and refused to pay the rent due and a 3 day notice can appropriately be given you. LL has right to sue you for possession, for rent, court costs and attorney's fees.
  2. If they take you to court you will lose. You will lose your deposit, you will have to pay last month rent, and you will owe for court costs. You signed an agreement with the landlord, and you need to live up to it. If they take you to court and get a judgment, it will be on your credit and may make it very hard to find an apartment in the future.
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