Legal Question in Landlord & Tenant Law in California
if a 3day payment notice and 60 day eviction notice is served together and 3 day payment notice was not honor by paying the full amount owed, is it possible that landlord can cancel the 60 days notice and proceed the eviction on the violation of 3 days payment notice?
3 Answers from Attorneys
Absolutely yes. That is why they were served together. In fact they don't even have to cancel the 60 day notice.
It is always best to serve both and normally to go to trial on both. Now that is a 60 and not 30 day notice, you should first go with the earlies trial date to get the tenant out as soon as possible. If ilt is less than 60 days away
Yes, but if they accepted any rent the 3 day notice is no longer valid, because you don't owe the amount stated in the notice any longer. The acceptance of rent does not effect the 60 day notice which I assume is to terminate your tenancy. Got rent control?
Good luck and hope this helps.
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