Legal Question in Landlord & Tenant Law in California

landlord/tenant
Once the renter is served with a 30 day notice to terminate tenancy can , or why, would a landlord serve the renter with a 3 day notice to quit 3 weeks after the 30 day notice to terminate was served. Also, must they file an unlawful detainer. Lastly, if the renter files bankruptcy before the 30 day deadline what would happen in regards to having to vacate the property.

Asked on 6/03/08, 4:27 pm

3 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

0 users found helpful

0 attorneys agreed

Re: landlord/tenant

In order to effectively delay the eviction, the tenant would need to file the bankrutpcy before both the 30 day and the 3 day deadline. This would buy the tenant a couple extra weeks, until the bankruptcy court grants relief from stay. Then the tenant can fight the unlawful detainer in State Court. I do not have enough information to predict the outcome in State Court.

Answered on 6/04/08, 1:25 pm

Mark as helpful

Stanley Moerbeek The Law Offices of Stanley L Moerbeek

0 users found helpful

0 attorneys agreed

Re: landlord/tenant

By serving a three day pay or quit the landlord can get into court sooner, rather than later, to evict, and he can get a judgment for the unpaid rent which is not available if he evicts under the 30 day notice (i.e. rent for the time period before the 30 day expires, not the holdover damages after the 30 day expires). In either situation he'll have to file an eviction (unlawful detainer) action.

If the renter files a bankruptcy, it will temporarily delay the eviction action from proceeding forward while the landlord gets summary relief from the bankruptcy court to continue with the eviction. However, that is a foolish thing to do: Exchanging your "silver bullet" of bankruptcy protection against possibly a large number of future creditors for a few days rent is a very bad decision.

Answered on 6/03/08, 6:08 pm

Mark as helpful