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socallegalwork, Attorney
Category: Landlord-Tenant
Satisfied Customers: 144
Experience:  Attorney and licensed real estate broker with over twelve years of experience, specializing in landlord/tenant matters.
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I am filing a demurrer against a Three Day Notice To Quit my

Customer Question

I am filing a demurrer against a Three Day Notice To Quit my landlord gave me for renting my apartment on Airbnb.
I need a lawyer familiar with Los Angeles rental laws to answer specifically:
Does Los Angeles have "eviction protection"?
In Los Angeles, is "illegal subletting" a just cause for eviction? If not, can I argue that they have to provide me the opportunity to cure?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  socallegalwork replied 1 year ago.

Hello. I believe I can assist you.

You mentioned a couple of things. The notice you were served with- did it explicitly state that there was a 3 day period in which to cure the breach? A 3 day notice MUST provide you with an opportunity to cure a breach (whether it is a "notice to cure or quit" or a "notice to pay or quit").

Subletting can be a breach of lease and grounds for an eviction if your lease forbids it or requires the landlord to explicitly authorize the subletting and you did not do so. However,you are correct that the 3 day notice is supposed to provide you with 3 days to cure the issue.

A demurrer is a responsive pleading that basically states "even if everything alleged in the complaint is true there is still no case." It may be applicable in your case, difficult to know without seeing the complaint. Practically speaking, most often what happens (I practice in Los Angeles County) is that a demurrer in an eviction case is not looked favorably upon by judges and is overruled, and you will be ordered to file an answer. Within that answer you can state an affirmative defense that procedurally the eviction is invalid- i.e., service of the notice was invalid, or the notice itself was invalid, etc.

Customer: replied 1 year ago.
Hello thank you for helping me! The notice was a "three day to quit" notice -- giving me no chance to cure the violation. This was the first time I Airbnb'ed the apartment, and the minute they called me about it, I fixed the situation within 24 hours. Yet still they served me with this 3 days to quit notice, so I think they just want to evict me from my beachside apartment in Venice so they can double the rent in my rent controlled apartment. I am filing the demurrer because I truly believe they gave me the wrong notice -- they should have given me "three days to cure or quit" ... Right? And they knew I already cured it.
Expert:  socallegalwork replied 1 year ago.

It does sound like the landlord tried to cut a few corners. You can try the demurrer. When you file a demurrer you will get a demurrer hearing date (it will delay the overall process 2 to 4 weeks). The judge may overrule your demurrer, but what should happen is that you will then be ordered to file an answer. Of course, if you win on the demurrer, that is great, but then the landlord will likely be given an opportunity to file an amended complaint (further delaying the process- which can be a good thing maybe if you want to stretch this process out. If you are anxious to have this resolved, you may want to just answer and request an expedited trial date.

In any event, if you do have to file an answer, make sure to list all of the procedural defects in your answer (just as you are doing in your demurrer).

Good luck to you!

Customer: replied 1 year ago.
Does the eviction stay off the public record as long as I'm still fighting it in court? If I win the demurrer, does that mean the landlord has to give me a "three days to cure or quit" notice? Since I've already cured the problem, does that mean the whole thing just goes away at that point? Thank you so much for your help!
Expert:  socallegalwork replied 1 year ago.

An unlawful detainer action is not made public for a period of 60 days after it is filed. If the case is not resolved or decided in your favor within 60 days, then it will be made public. If the case goes longer than 60 days, but you prevail, the case will be public (appear on a search of the court website) but it will show that no judgement was entered against you.

If you win on the demurrer, the court may give the landlord a period of time to file an amended complaint that attempts to correct all the deficiencies from the original complaint. If the landlord cannot or does not wish to file an amended complaint, the case will be dismissed. If the landlord wants to still pursue an eviction at that point, they will have to start all over again (serve a notice, file a new complaint, etc.). This would be tough since you have already corrected the alleged breach.