Legal Question in Business Law in California

Re: 3 day notice to pay or quit

If you have a lease you may in a separate breach of contract action. Contact me directly.

Re: 3 day notice to pay or quit

I'm going to go out on a limb here and assume that you are a landlord who will be serving a 3-day notice to pay or quit. If that is the case and the tenant vacates the premises at the end of the 3-day period you will still need to file an action against the tenant to obtain a judgment for your damages. You would probably be better off bringing an unlawful detainer action, have the tenant's default entered, obtain a writ of possession, then request a default judgment to cover your damages for the unpaid rent, hold-over damages and costs. You can still file another action to recover the damages resulting from their breach of the lease (i.e., the remainder of the amount due under the terms of the lease).

If you simply walk into the premises after the 3-day notice period and the tenant claims they are still entitled to possession, or there was some defect in the 3-day notice, you could be opening yourself up for a lawsuit from them.