If we are only 21 days behind on rent due for that month, canwe be leagally evicted?

UPDATED: Feb 20, 2012

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If we are only 21 days behind on rent due for that month, canwe be leagally evicted?

We did get served a 3 day or quit; we got served an unlawful detainer by mail. I did not file an answer yet. I want to see if we can settle without doing that.

Asked on February 20, 2012 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Can you be evicted for being 21 days late on rent? Yes--there is no "only" about being 21 days late on rent. As soon as you fail to pay rent when it is due, you are in material breach of the lease (whether written or oral) and can be evicted.

You can certainly try to settle with your landlord--you can stay  as long as you either work something out with him which is mutually agreeable, or if you pay the amount due. But if you can't or don't pay and can't work something out with him, you can be evicted.

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