If I understand you correctly, you tried to pay the rent after the expiration of the 3-day notice, and the landlord or management company sent back your rent payment by certified mail?
If there are no other facts, you probably do not have a viable defense to this unlawful detainer.
Nevertheless, it sometimes helps if you had a tenant's attorney representing you to see if you can negotiate a settlement whereby you get to stay as a tenant.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
your question is unclear. If you can pay your rent on the fourth day is usually fine. Most landlords don't want to evict, they want to get paid. If you're willing to pay then they usually don't try to evict.
Also they give you an eviction notice before filing an unlawful detainer.
This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.
I would talk to the landlord to negotiate a settlement. If he hasn't already filed an unlawful detainer lawsuit, then he most likely will soon. If he isn't accepting rent, then he wants you to forfeit the rental agreement and move out. If you are served with a summons and complaint, do not ignore it. You must answer. It is best if you address this to avoid having a judgment on your credit report. In addition, it will make finding a new place more difficult. As attorney Frank Wei-Hong Chen pointed out, without other facts, you will not be able to defend the eviction.
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