Legal Question in Landlord & Tenant Law in California

Can a landlord serve a second 3 Day Pay or Quit notice on a tenant while the first one is still active?

The first one has already gone past the tenant's Answer and tenant's request for a court date, and has not been dismissed.

Related Question: Assuming the 2nd Notice is valid, can it demand the tenant to make a settlement on the first notice? Wouldn't that be akin to trying to coerce the tenant to not exercise their right to trial?

Thanks!


Asked on 6/12/10, 1:45 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

A new three day notice can be given for each separate and/or new breach of the lease. A court would probably consolidate all into a single trial. I do not know why you asked for the court date as the landlord can not evict you until they have a judgment so it is normally to the tenants interest to delay having a court appearance. Since you do not quote the "demand to make a settlement on the first notice" I do not know what the nature of the demand is, but in general the landlord can demand that you resolve the disputes of the first notice [especially if the landlord has basically reserved the first notice because of some feared defect in it or service] but if it is worded so that the demands of the first notice are repeated it might be considered that the first notice is rescinded so there should be no hearing on it a instead it would be part of the 2nd three day notice. Ask the landlord what his intention is and to drop the first complaint if he does not intent to try the first notice.

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Answered on 6/12/10, 8:07 am


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