Legal Question in Real Estate Law in California

30 days or 60 days

Hello,

I live in san jose ca.I have been living in my house for over 5 years.I lost my job last April and have been making it barly.I have been behind in my rent for the last sevral months but have been giving him something almost every week but I keep getting farther and farther behind because of all the late fees.My landlord as told me if I dont pay it all( about 2 and half months rent)(with late fees)he would serve me a 3 day notice.My question to you is IF WE HAVE LIVED IN OUR HOUSE FOR OVER 5YRS CAN WE DEMAND OR INQUIRE ABOUT GIVING US A 30/60 DAY NOTICE.


Asked on 1/11/04, 8:55 pm

1 Answer from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: 30 days or 60 days

If a landlord wants to terminate a month to month rental agreement for someone who has lived on the property for more than one year, they would ordinarily be required to give 60 days notice. However, when you are behind on your rent, a 3-day notice to pay or quit (vacate) is all that is required.

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Answered on 1/12/04, 12:43 pm


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