Legal Question in Landlord & Tenant Law in California

Can a landlord post a 3 day pay or quit notice before the grace period on the rental agreement expires?


Asked on 1/09/10, 1:39 pm

1 Answer from Attorneys

Ronnie Gipson Higa & Gipson, LLP

The answer to this question can be discerned from the language in the written lease agreement. If the written lease does not provide for a grace period, then when the rent is not tendered by the tenant on the due date the landlord can issue a quit or pay rent notice. Be careful because the public perception is that the tenant has 3 days after the rent is due to make the payment. Unless the written lease contains this provision, the grace period does not exist.

There is an exception. If the landlord has previously accepted the rent after the due date, then the argument can be made that a grace period is an implied term of the written rental agreement. However this is a weak position to be in when facing a 3-day notice to quit or pay rent.

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Answered on 1/14/10, 2:35 pm


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