I have not paid for two and half months because I am disabled. The trial date is February 22.
This will not happen. You CAN negotiate with the landlord. I seem to recall there are some protections for disabled individuals. This needs to be posted in "landlord tenant." (I'll change it.)
All of Ms. Straus’ responses are intended as useful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. They may not be what you wished to hear, they do not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. She also regrets that blunt responses may be taken as "rude" by those who wished a different opinion. Good luck.
I dont believe that it is unreasonable to dismiss the unlawful detainer, which very well could happen. Or the case may be converted to a regular civil case in order to collect damages.
There really wouldnt be a point to move forward with a trial if the main issue is no longer in contention.
You can try to negotiate it with the plaintiff. Otherwise, if you move out before trial, the trial will most probably get postponed because possession is no longer an issue and therefore will not be a priority for the judge to hear the case.
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