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Home » New California 3 day notice to pay rent or quit! What are your rights as a tenant and landlord?

New California 3 day notice to pay rent or quit! What are your rights as a tenant and landlord?

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What are the rules and regulations for the New California 3 day notice to pay rent or quit? What are your rights as a tenant and landlord? After more than a year of waiting, landlords in California will once again be allowed to take their tenants to court over missed rent payments as the state’s eviction ban ends.

Some cities and counties will have ongoing protections for renters, and the state will also keep a few guardrails in place — all tied to billions of dollars in rent relief the state is urging landlords and tenants to apply for.

About 724,000 California households are still $2.5 billion behind in rent And some advocates are warning of a wave of evictions.

*****Quick Disclaimer, I am not a lawyer and this video is for general informational purposes only. For specific about the law and your situation please consult a professional layer. **********

Here’s what you need to know about the state’s eviction law going forward:

1. You received a 3-day ‘pay or quit’ notice from my landlord. Now what?
Under current law, after giving you a 3-day notice to “pay or quit” — the first step in the eviction process — the landlord will have to wait 20 business days before taking you to court. It’s a defense in court if you tell your landlord you applied for rent relief within 15 business days of receiving a 3-day notice.

You will also have to give your landlord a signed declaration of COVID-19 related financial distress within 15 business days of receiving a 3-day notice. The court will ask landlords, under penalty of perjury, whether they also applied for rental assistance. The landlord will only be allowed to move forward with the case if their application was denied. If 20 days pass, and you did not submit your rent relief application or didn’t notify your landlord you applied, they will also be able to move forward with the eviction process.

2. I received an eviction notice. What should I do?
If you are served an unlawful detainer, or an eviction notice, don’t leave your home right away, advocates urge. In California, your landlord can’t physically kick you out until the court process is complete; only a sheriff’s department can lock you out. There are plenty of free legal services to help walk you through the court process or even represent you.

3. My court date is coming up and I don’t have an attorney. What should I do?
To take advantage of the defenses afforded by the law, you still have to show up to court. The state has a guide for representing yourself.
Many legal aids and housing organizations can help provide other resources to take with you to court. There are also self-help centers to help tenants fill out forms, as well as free mediation programs, at some courthouses.

4. My landlord received rental assistance and is still evicting me. Is that legal?
A landlord who received past rental assistance might still take you to court for not paying your full October or subsequent months’ rent, which will be due in full. The landlord will still have to follow the rules of the rent relief program. You can still apply for up to three months of rent going forward if you haven’t maxed out on 18 months of assistance, which would shield you from eviction.

5. What reasons can a landlord evict for, other than nonpayment of rent?
Since the start of the state’s eviction protections, evictions over issues unrelated to rent payments have been ongoing. A CalMatters analysis found at least 10,000 through March 2021. Those reasons include:

• The landlord or their family was moving into the property or selling the property to a person who intended to move in.
• A landlord had to demolish or do a substantial remodeling because the unit posed a health and safety threat.
• The tenant committed a crime or a criminal threat on the property.
• The tenant violated the lease by subletting the property, causing a nuisance or staying after the lease expired.

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