Legal Question in Landlord & Tenant Law in California
Eviction notice given the 29 September for October rent
My boyfriend paid late his rent in September but he did pay in full. After this late payment, the landlord gave him a 3 day eviction notice for the month of October, but he gave him that notice the 29th September so before the rent is even due. Is that legal and is the rent due on the 5th (3 days after the 2nd) or before that ??
Thank you for your answer.
1 Answer from Attorneys
Re: Eviction notice given the 29 September for October rent
The three-day notice is ineffective if given before the rent is due. There might be another issue, though: a late charge. Take a look at the amount specified on the three-day notice and be sure that it only covers the amount that he paid and nothing more.
Otherwise, if the rental agreement specifies that rent is due on the 1st day of each month, that's when it is due. If it is not paid by that day, the landlord can serve a three-day notice the following day. If rent is tendered within that three-day period following the written notice, the landlord has to accept it.
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