Legal Question in Landlord & Tenant Law in California
If a Unlawful Detainer Case was dismissed by Plant if without prejudice can he then file a new 3 day notice to pay or quit? Isn't the lease void since plantiff already filed a 3 day notice to pay or quit with the case they dismissed??
2 Answers from Attorneys
Yes they can. No it was not void. Nothing to do with UD or 3-day notices would void a lease. They are tools to ENFORCE a lease and obtain remedies for the tenant's breach of the lease.
If a California court dismisses the unlawful detainer matter without prejudice, the Plaintiff (landlord) may refile another matter. It would not make sense to refile with the old 3 day notice to pay or quit, since it could be considered waived by the Court. Plaintiff could certainly submit a new 3 day notice that is merited by the circumstances at the time (non-payment of rent, for example) and then re-file an unlawful detainer matter based on the new 3 day notice.
You need to speak to an attorney that is experienced in the area of landlord-tenant / real estate law. An attorney that can explain your rights and responsibilities as a tenant. If you are interested in speaking to a competent, professional attorney that can do just that, contact our office at (888) 790-5053 and/or visit our website at www.coronacalawyer.com.
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