CAN SITUATIONS BE HANDLED WITH
SIMPLE COMMON SENSE?
The law sometimes lends itself to an understanding with simple common sense. Things that seem wrong are many times illegal. The law sometimes actually protects those things that seem right.
Unfortunately, in Landlord-Tenant matters, the law in California contains many aspects that defy common sense. The use of common sense alone in legal situations can lead to serious consequences. Consider the following examples:
Paying the rent on the fourth day of a three day notice to pay the rent seems a trivial thing (only one day late). It can, however, mean the absolute loss of the tenants rights in the rental unit and lead to a swift and expensive eviction.
If the landlord tells you to move and you do, you can be held to pay the balance of the lease even though you moved because you were told to do so.
If the tenant feels the landlord owes him/her money (separate agreement for something, labor, personal debt etc.), it seems O.K. to deduct this debt from the next month's rent. Wrong. The obligation to pay rent is generally a separate one. The withholding of rent may only be done when there is a substantial breach of the warranty of habitability or when authorized by code.
Tenants often misinterpret the Three Day Notice to Pay Rent or Quit. It seems that you get a choice; i.e. pay the rent or move in those three days and the landlord "forfeits" the lease. No way. Not paying within the three days creates potential liability for the rent (up to the balance of the lease) whether you move or not.
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California law for San Diego is applied in these pages. Such laws may or may not be applicable in other jurisdictions. The information provided herein is of a general nature and is not intended to be taken as specific legal advice. For legal advice in a particular situation, promptly consult with an appropriate attorney.