Legal Question in Landlord & Tenant Law in California

What extent

Can a landlord serve a 60 day notice without filing it with the courts and then turn around and file a restraining order on the tenant if the tenant is not out by the 60th day? Isn't that an abuse of the court system?


Asked on 6/09/05, 8:17 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: What extent

A 60 day notice to terminate a tenancy does not need to be filed with the court. A restraining order should be challenged. The proper method would be to file an unlawful detainer (eviction) proceeding if you fail to move.

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Answered on 6/10/05, 7:32 am
J. Spikes Property Law Center

Re: What extent

A sixty-day notice to terminate a tenancy does not have to be filed with the court. It must only be served on the tenants. A copy of the notice will most likely be attached to any complaint that is subsequently filed, if the tenants have not vacated within 60 days.

Seeking a restraining order just to avoid the eviction process is an abuse of the court system. If the landlord has no reason other than expiration of the 60-day notice, the court should not issue the restraining order.

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Answered on 6/09/05, 8:25 pm


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