Legal Question in Landlord & Tenant Law in California
Do you have to give a person a written 30 day notice to vacate if they have never paid rent in the state of California? Also do text messages hold up in court as being notified in writing?
Asked on 5/09/16, 10:23 pm
1 Answer from Attorneys
1. No, but you have to be careful. Any payment in exchange for living there may be considered "rent." Also, if there is a lease or rental agreement in place and they just moved in and then didn't pay, they are still tenants and you have to go with the 3-day notice to pay and then unlawful detainer. If they just have been living there, paying nothing, no agreement, then they become trespassers once you demand they leave - no specific notice required.
2. No. Written notices must be in paper form unless there is an agreement otherwise.
Answered on 5/10/16, 10:16 am
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