Legal Question in Real Estate Law in California
Tenant Eviction
We've received a ''30-Day Notice to Terminate Tenancy'' which is signed and dated for July 4 and declares August 4, as the final (30th) day. Due to the obvious, July 4 is Independence Day, which is a Holiday and for that reason is excluded, correcting the day of service to July 5. In spite of that, she began count on the same day, disregarding �next day� regulations. Then, because she was unable to serve us in person (we were out of town until the next week) she put the notice in our mailbox. Now, does the ''30-day'' become effective on the date she mailed the second notice-7/6, the date of delivery via U.S. mail to our address-7/9 or the date of receipt, in actuality, upon our return home-7/12. Is the notice still legally binding if the information provided is incorrect? Also, could length of tenancy hold any bearing for 60-Day Notices (5 Years).
Finally, upon a recent visit to my Doctor this last month, I have been medically deemed ''disabled'' and have just begun receiving disability insurance benefits. Is there any defense or code of procedure that touches on ''state assisted temporary disabilities'' that may provide me with a little more time?
Thank you in advance! Any helpful information is greatly appreciated!
1 Answer from Attorneys
Re: Tenant Eviction
Since there are 31 days in July, a 30-day notice served on July 5 would indeed expire on August 4. If you were actually served on July 4, the notice would expire on August 3, despite the holiday.
You did not give enough details on how service was made to say when it was effective. Were your served in person? Did someone leave a copy at your apartment or business?
A thirty-day notice is effective regardless of how long you have lived there. Unless you were on a lease for a longer term, you probably had a month to month tenancy.
You did not say why you were served with the 30-day notice. If it is related to your disability you may be able to contest it as discrimination based on "handicap." However, simply having a disability by itself does not prevent a landlord from terminating your tenancy for unrelated reasons.
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