Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

My son was shooting a video in the apartment complex that we…

Customer Question
My son was shooting a...
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: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 12 minutes by:
1/16/2016
Lawyer: CalAttorney2, Attorney replied 2 years ago
CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10,244
Experience: I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
Verified

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).

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10,244
10,244 Satisfied Customers
Experience: I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.

CalAttorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I manage a duplex for one of my real estate clients in
I manage a duplex for one of my real estate clients in Florida. Tenant # 1 (who is having trouble paying rent at the moment) is complaining about tenant #2 (who just moved in) about their alleged mari… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,012 satisfied customers
Below is an email to my landlord from my colleague. We are
Hi there,Below is an email to my landlord from my colleague. We are looking for advice on what the law says about our situation. We rent an apt.Last night at 1am, the cigarette/marihuana smoke issue w… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,012 satisfied customers
Second opinion] I received a phone call from the Chicago
Second opinion] I received a phone call from the Chicago Police Department informing me that there are squatters occupying a vacant house that I own. I do not know the occupants. They were never legal… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,366 satisfied customers
I am a tenant in texas and my neighbor recently started
Hi I am a tenant in texas and my neighbor recently started smoking in the house. It is affecting my health and I have trouble breathing. Does this violate Tex. Prop Code Ann. § § 92.056. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,185 satisfied customers
4 to 5 years ago, I occasionally smoked cigarettes in the
4 to 5 years ago, I occasionally smoked cigarettes in the bathroom but has moved since to the porch or outside the front door after an initial complaint. About a month ago, I received a three-day noti… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I'm a landlord of an apartment complex in a rent controlled
I'm a landlord of an apartment complex in a rent controlled town. I inherited the property from my parents upon their deaths and now I'm reviewing all the rental agreements, which are all outdated and… read more
socrateaser
socrateaser
1,031 satisfied customers
My tenant is a doctor and does not seem to want to give me a
My tenant is a doctor and does not seem to want to give me a renters ins policy, can you think of any reason why a doctor would find it difficult to do that?… read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
My mother has lived in apartment building yrs. she was able
my mother has lived in apartment building for 2 yrs. she was able to smoke when she moved in. now they have gone smoke free. which the manger has said they will evict her if she doesn't quit. can they… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
2,217 satisfied customers
I recently moved into a 2 bedroom apartment in Arvada, Colorado
I recently moved into a 2 bedroom apartment in Arvada, Colorado and signed a 1 year lease. The property management rep. deemed to warrant that the residence premises was fit for habitation and that th… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
2,217 satisfied customers
my brother moved out of his apartment never missed a payment
my brother moved out of his apartment never missed a payment in ten years. Owner sent him a bill 90 days later. I just sent this question. I am trying to get it to work for me. Owner would not paint o… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
wrote you last week recevied no ressponse.Have issuewith a
wrote you last week recevied no ressponse.Have issuewith a apartment I rented in a condimidum development from a landlord who owns apartment. Originally rented the apt from 9/13/-8/14. However,previou… read more
socrateaser
socrateaser
1,031 satisfied customers
My son, a musician, is facing eviction from his West Hollywood,
My son, a musician, is facing eviction from his West Hollywood, CA apartment due to noise complaints from adjacent tenants. The building permits music weekdays until 10pm and weekends until midnight, … read more
lawdog1213
lawdog1213
MY A/C BEEN BROKE FOR 19 DAYS AND MY PROPERTY MANAGER WONT
MY A/C BEEN BROKE FOR 19 DAYS AND MY PROPERTY MANAGER WONT DO NOTHING ABOUT IT AND I HAVE 4 TODLERS AND 2 OUT THE 4 KIS ARE SICK WIT A RESPATORY PROBLEM I WANT TO MOVE BUT IM AFFRAID OF BREAKING THE L… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
My tenant just moved in on Aug. 1, 2012. She is now wanting to break the lease and buy a
My tenant just moved in on Aug. 1, 2012. She is now wanting to break the lease and buy a house. She is angry with me because she changed the locks and installed an alarm without my consent.I sent her … read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
My Landlord e mailed me the following notice. Can he hurt
My Landlord e mailed me the following notice. Can he hurt my credit score? I would like to buy a condo and don't need any negative reports on my credit. Date of Notice: March 7, 2012 Tenant in Possess… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,379 satisfied customers
My son was evicted for having a bong in his apartment,on
My son was evicted for having a bong in his apartment,on the notice is stated that he would have to pay the remainder of the months of rent that are on his lease agreement, he is a full time student a… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,528 satisfied customers
I have a house that I rent to a friend,I didnt do a lease or
I have a house that I rent to a friend,I didnt do a lease or any other contract with her,Now ,the last 2 month she hasnt pay the rent,she has been in that house for 21/2 years paying on and off.How do… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,528 satisfied customers
Our apartment and 3 others in the same building have been
Our apartment and 3 others in the same building have been burglarized. Many of the stolen items were found in another upstairs apartment where the drug dealer and thief resides with his girlfriend who… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x