Three-day notice to pay or quit ? How to fight this?
Answer
Do you have a defense?
Usually, a three-day notice to pay or quit is given to a tenant who is seriously behind in paying his or her rent. Unless the tenant is lawfully withholding rent under a law permitting this due to the property being "untenantable" (Civil Code section 1942), the tenant generally has no ground upon which to fight a three-day notice.
The thing that may work best is an honest negotiation with the landlord. Most landlords would rather give the tenant an extra week or so to come up with the rent money than kick the tenant out via an eviction process, then endure a vacancy (and no rent) while they find a new tenant. If you can truthfully inform the landlord that you'll be able to pay in seven days, or maybe ten or fourteen, and you've otherwise been a trouble-free tenant, you'll probably (or perhaps) get a repreive.
If you think the notice is improperly given and you have a substantial defense, you should re-ask your question immediately, with full details, and maybe LawGuru can help.
Answer
It depends on the facts of your case. Three day pay or quit notices are used to evict a tenant who has either failed to pay rent, or has failed to comply with the terms of their lease agreement.
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