Legal Question in Landlord & Tenant Law in California

When you are on a month to month your are entitled to a 30-day notice to terminate you tenancy and if you have been ther longer than a year you are entitled to a 60-day notice. The landlord had the right to unilaterally give you a 60-day notice at any time. You did not need to agree to pay for the second month upfront. When you get a 60-day notice you simply need to pay the rent through the 60-day period as it becomes due under the rental agreement.

If a tenant does not vacate within a 60-day noticce period the landlord can file an eviction action (unlawful detainer) as soon as the 60-days expire. I do not understand why the landlord served the 3-day ntoice since it appears to be uneccessary. As far as being locked out on the 3rd day, that cannot happen. Any notice served by a landlord is not self-executing in that a landlord cannot change the locks once a notice expires. Nor can he get the sheriff out to immediatly enforce the notice. The landlord would need to file a eviction action and serve you with it like any other lawsuit. You will have the opportunity to defend yourself in court. Only of the landlord wins the case can he then have the sheriff perform an eviction. You should consult an attorney about your situation to see if you have any defenses and whether or not you wish to fight an eviction.