Legal Question in Landlord & Tenant Law in California

3 day notice of requirement to surrender possession-employee termination

I was served this ''3 day notice of requirement'' and want to know if this is legal or defective since I was the resident manager. My rent was deducted from my pay through my termination date. I was served this notice 14 days after termination. Is this legal or should I have been served a 30 day notice? Also, if I signed a personnel policy that stated nothing about a vacate date upon my termination, how long can I legally stay in the apartment? And, if I go to court, can the judge rule that the notice was defective and I have to be served all over again from the beginning? Thanks.


Asked on 9/09/06, 6:23 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: 3 day notice of requirement to surrender possession-employee termination

There is no requirement of notice if your employment as the resident manager is terminated, and the apartment is part of your compensation or is the manager's apartment. See Code of Civil Procedure section 1161(1). Certain rent stabilized or controlled cities say you can't be evicted if you had the apartment before you became the resident manager. Los Angeles has nine factors to consider in evicting a resident manager or employee. Also, you can ask to move to another apartment in the building or complex if one is available and you will have to pay rent.

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Answered on 9/09/06, 6:41 pm


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