Legal Question in Real Estate Law in California
Eviction Procedure
I would like to know whether there is a given procedure for handing out 30-day and 3-day notices. I received about two weeks ago a 30-day notice. I decided to put a stop payment on my rent check. Then they delivered me with a 3-day notice tonight. Which one takes precidence the 30-day or 3-day? If you received a 3-day notice that gives you the choice of either "pay rent or quit", what does quit mean? Does it mean move out 3-days from the date of the notice or that you have 30-days to move out from the date of the notice? Can you also please state why and would you be willing to send any written documention confirming your response?
Thanks
1 Answer from Attorneys
Re: Eviction Procedure
A thirty-day notice is a notice that your landlord
wants to terminate your tenancy, to make you move out.
The landlord doesn't need a reason to evict you with
a 30-day notice. At the end of the 30-day period, if you
haven't moved out, the landlord will file a lawsuit
against you called an "Unlawful Detainer." If the
landlord wins the lawsuit, you'll be evicted.
A three-day notice can be given only if you have
breached some term of your lease. In your case, you
didn't pay rent (because you stopped payment on your
rent check). If you pay the missing rent within the
three day period, then you can't be evicted pursuant
to the 3-day notice. If you don't pay the missing rent
within the 3-day period, the landlord will file
an unlawful detainer action against you and evict you.
If you pay the rent within the three day period, the
3-day notice will no longer be effective, but the
30-day notice will still be effective.
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