Legal Question in Landlord & Tenant Law in California

Landlord, Joe, gives tenant, Frank, a 3-Day Notice to Pay Rent or Vacate Premises. Frank fails to comply and Joe files an Unlawful Detainer case against him. Frank is then served a Summons/Complaint and has five days to submit an Answer to the Complaint. Frank submits his Answer and the court accepts it and sets a date for a Hearing.

Before the date of the Hearing, Joe gives Frank another 3-Day Notice to Pay Rent or Vacate Premises. Is this second 3-Day Notice still valid and can Joe use it to file a separate Unlawful Detainer case against Frank after the Hearing (the Judge granted Joe time to file an Amendment to the original Complaint)?


Asked on 8/28/14, 11:37 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Yes, the second three day notice is valid. There is no requirement that the first unlawful detainer be dismissed, although that frequently happens in situations where the first notice would be legally invalid or has been successfully challenged.

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Answered on 9/08/14, 12:12 pm


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