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any legal advice would be appreciated.

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pennylane100 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 03:43 PM
Original message
any legal advice would be appreciated.
If a person (Not me) is served with a three notice quit because they are late with their rent payment and they are in the middle of a year's lease, who is responsible for breaking the terms of the lease, the tenant or the landlord. Any advice would be appreciated.
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Shakespeare Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 03:48 PM
Response to Original message
1. You mean a three DAY notice to quit?
I think you accidentally omitted a word in your OP.

question: has she paid the rent, or communicated with the landlady at all to make arrangements to pay?
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pennylane100 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 04:11 PM
Response to Reply #1
4. Unfortunately a change in her circumstances will probably mean that
that she will be unable to pay her rent on a time through July when it expires. And they are very nice landlords but they cannot be patient for ever. I just wondered if she ever was served with a three day notice to quit, would she still be liable for the rest of the rent. I will read the lease more carefully before I ask any more questions.
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Shakespeare Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 04:17 PM
Response to Reply #4
7. The next step the landlord will likely take is something called an Unlawful Detainer.
Edited on Thu Dec-04-08 04:19 PM by Shakespeare
That's a legal proceeding (quite literally, a form of lawsuit) that will allow the landlady to commence eviction. Once she's prevailed on that, assuming she does, she can indeed get a judgment awarding her the remaining amount due on the lease.

edited to add: I just saw your other post that this is in California. That's where I am, and I used to handle a lot of unlawful detainer cases. The best thing your friend can do is bend over backwards to communicate with the landlord, try to make some sort of payment arrangment and document everything in writing. Once she's served with the unlawful detainer complaint, she needs to go down to the county courthouse IMMEDIATELY and talk to a court advocate on the steps she can take to at least slow down the eviction process (if she can't or won't pay the rent, she'll likely be evicted eventually no matter what).
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MrCoffee Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 03:49 PM
Response to Original message
2. What does the lease say?
It is impossible to give an intelligible answer to your question without knowing the terms of the lease.
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lizziegrace Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 04:10 PM
Response to Original message
3. Is this in the US
or Great Britain?
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pennylane100 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 04:12 PM
Response to Reply #3
5. In california.
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lizziegrace Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 04:14 PM
Response to Reply #5
6. Had to ask because of your avatar
:)
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ohiosmith Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 04:19 PM
Response to Reply #5
9. Like MrCoffe said. However, typically in California the tenant has violated the lease agreement by
failure to perform (non-payment). Additionally, the tenant may be held liable for the remainder of the lease payments until the landlord re-leases the premises.
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flvegan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 04:17 PM
Response to Original message
8. PM DUer LeftyMom. She managed apts in CA
for quite some time. She could probably help you.
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