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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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My son was shooting a video in the apartment complex that we

Customer Question

My son was shooting a video in the apartment complex that we live. he was at the pool area with a bong smoking for the video purposes. After a few minutes one of the managers tape a letter our door. the letter head says "NOTICE TO PERMANENTLY PERFOR COVENANT OR QUIT"
NOTICE IS HEREBY GIVIN that with (3) days after service upon this NOTICE, you are require to quit and deliver up possession of the subject premises to at the undersigned or to Pico Lanai Apartments who/which is authorize to receive the same, or the undersigned will institute proceedings against you to recover possession of said premises, to recover court cost, attorney fees as permitted by law. and you may be liable for additional statutory damages up to SIX HUNDRED DOLLARS ($600.00) in accordance with California Code of civil Procedures Section 1174(b),as result of failure to comply with the terms of this notice.
You are being serve with this notice by reason of the fact that you have breach a covenant contain in your lease or Rental Agreement, in that you have, contrary to said Lease or Rental Agreement. done or omitted to do the:
Smoke-Free Addendum
You were found in the swimming pool area by a member of the leasing office smoking marijuana. Which is in direct violation of the city of Santa Monica smoke free regulation, and your lease agreement.
YOU MUST PERMANENTLY COMPLY WITH THE ABOVE COVENANT WITHIN THE NEXT THREE DAYS or you will be asked to deliver possession of the the premises.
You are further notified that the undersigned does elect to declare the forfeiture of your lease or rental agreement under you hold possession of the above describe Premises.
and is dated 1/15/16 and signed.
My question is what exactly this means and what are my chances to reach an a solution meaning to keept the apartment?
Antonio Alfaro
i will appreciate any help.
I used "Just Answers" and is been great!!
My son is 18 years old.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am very sorry to learn of this situation.

Unfortunately, your son has created a "material" breach of your lease agreement, and the landlord has a right to terminate the lease agreement immediately (give you a "3 day notice to quit" - where you must vacate within 3 days, with no chance to "cure" the defect).

Unfortunately, I cannot tell from the language of the notice whether the manager gave you a "3 day notice to quit" or a "3 day notice to cure or quit".

  • Most of the language in the notice appears to indicate that you have received a "3 day notice to quit" - meaning that you have 3 days to vacate the unit, or the landlord will initiate an unlawful detainer ("eviction") action against you in court.
  • There are a few areas in the notice language (at least in the way that it is typed into your question) that suggest you may have received a "3 day notice to cure or quit" - which means you would have 3 days to "cure" (mean stop doing whatever it is that the landlord is saying you did to break the lease (in this case the smoking in the pool area), and if you do not stop, then they will go forward with an unlawful detainer.

Unfortunately, this kind of conduct is easily grounds for a "3 day notice to quit" (no right to cure) and the landlord can evict you. You can try to negotiate with the landlord (through his agent, the manager) to get some additional time, or to negotiate to "cure" the defect - agree not to do it again, etc., but keep in mind the negotiations leverage is decidedly against you here.

If you do reach an agreement, get it in writing, and keep a copy!

I would recommend at a minimum trying to clarify which kind of notice you received, but with the short time frame (and the fact that this is Friday evening, if the landlord or the manager is not available this weekend you may not have time to contact them before Monday (your third day)), you may want to start making arrangements to proceed as if this was a 3 day notice to quit, and start looking for a new place to live promptly.

If you are not able to move out within the 3 days, and do not come to a resolution with the landlord to get more time or to stay in the unit, here is a link to the California Courts housing self help page - it has information on how to defend yourself in an unlawful detainer action (you probably won't win the matter, but by filing an answer and appearing in court you can draw the proceedings out and get more time to relocate). http://www.courts.ca.gov/selfhelp-eviction.htm (it also has some more detailed discussions on the different kinds of 3 day notices - http://www.courts.ca.gov/27810.htm).

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