Legal Question in Real Estate Law in California

Can an Unlawful Detainer be filed prior to the expiration date of a Day Notice?
I am the Master Tenant in a rental unit where I have one tenant. This tenant was asked to move out at the end of October, but was offered 90 days to vacate, rather than 30, as a courtesy. Because she is angry about being asked to leave, has refused to pay her December rent and has stated her plan to remain in possession of the property WITHOUT paying her rent, until the end of January 2000. My question is this: Because she has provided me with written documentation of her refusal to pay rent for December & January OR to vacate when her 30 Day Notice to Vacate has expired, can I file the Unlawful Detainer Complaint & Summons BEFORE her Notice expires, in an effort to expedite the hearing? Please respond as quickly as possible, as it has become imperative that this tenant be removed from the property by the end of this month,
Thank you very much in advance.

Asked on 12/15/99, 1:51 pm

Ken Koury Kenneth P. Koury, Esq.

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Re: Can an Unlawful Detainer be filed prior to the expiration date of a Day Not

yes, you can serve her with a new 3 day notice for failing to pay rent.

Answered on 12/15/99, 3:10 pm

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