Legal Question in Landlord & Tenant Law in California

Time frame in filing UD after tenant fails to move?

We were served a sixty day notice to terminate tenancy on March 23. We planned on fighting the case and therefore did not move within the 60 days.

We expected to be served immediately following the end of the 60 day period with an unlawful detainer suit but nothing came. Is there a time at which an unlawful detainer action can not be filed on that 60 day notice and they will have to start all over again with another 60 day notice, or can we be served any time at all based on the fact that they told us to get out one time? I know on a non payment of rent issue if the landlord accepts rent after the fact then it can cause a dismissal of the case. Rent is not at issue in this case. Thanks in advance for your time.


Asked on 6/05/09, 10:34 am

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: Time frame in filing UD after tenant fails to move?

Arguably, if the landlord accepts rent after the expiration of the sixty day notice, a new, month-to-month tenancy could be implied to have been accepted by the landlord. If they refuse your rent, then I am not aware of anything in the statute that says the sixty day notice goes stale at some point, but I would assume that a judge would cast a suspect eye on the notice if they don't file the UD for several months after the sixty day notice expired. Without reviewing case law, I can't tell you for sure what the time frame might be.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/05/09, 12:29 pm


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