The answer to both questions is yes. As soon as your rent is five days late (the end of the fifth day following the date on which it is due), the landlord can serve you with a notice to pay rent or quit. If you don't pay the rent within the thee days the notice provides for, they can file and serve an eviction lawsuit. Once the three days expire, the landlord has no duty to accept your rent and let you stay, so they can require that you reimburse them for their out-of-pocket attorney's fees and expenses. I don't see anything in the post that would indicate that the landlord has taken any short-cuts, or attempted to evict you without cause - you admit that you haven't paid your rent for 20 days since it was due.
David L. Gibbs, Esq.
The Gibbs Law Firm, APC
San Clemente, California
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