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  1. #1

    Default Can Landlord Give Us 3-Day Pay or Quit Before Grace Period

    My question involves landlord-tenant law in the State of: California

    Hello all

    I was wondering when our landlord could legally serve us a 3-day pay or quit notice. He wants us to move to get different tenants here who will accept his high rent increase ($3,000) after I said that I'll still pay it, but plan on moving in 60 days.

    (We've been here 3 years, lease expired last June so it automatically rolled month-to-month ever since).

    Here is my question:

    1) For April's $3,000 rent, I may not be able to pay it until April 6th.

    2) The lease (now expired) gave us until the 5th before a late fee was instituted.

    3) Can he serve me a 3-day pay or quit on the 1st, or does he have to wait until the 5th?

    4) Or can he be really sneaky and serve me a 3-day pay or quit BEFORE the 1st???

    Thanks again for all of your help

    - Hard Working Dad

  2. #2
    Join Date
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    Default Re: Can Landlord Give Us 3-Day Pay or Quit Before Grace Period

    A waiting period prior to the imposition of a late fee is not the same thing as a "grace period" that in essence modifies when your rent is due. If the rental agreement is "Rent is due on the 1st; if you have not paid by the 5th an additional late fee of $X becomes due in addition to your rent...." your failure to pay rent on the 1st can result in the immediate issuance of a "pay or quit" notice. The wording may matter - for example, if the agreement is instead, "Rent of $XXX is payable on the 1st of the month, but if not paid by the 5th increases to $YYY," you would have an argument that rent is not actually due until the 5th.

  3. #3

    Default Re: Can Landlord Give Us 3-Day Pay or Quit Before Grace Period

    Quote Quoting Mr. Knowitall
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    A waiting period prior to the imposition of a late fee is not the same thing as a "grace period" that in essence modifies when your rent is due. If the rental agreement is "Rent is due on the 1st; if you have not paid by the 5th an additional late fee of $X becomes due in addition to your rent...." your failure to pay rent on the 1st can result in the immediate issuance of a "pay or quit" notice. The wording may matter - for example, if the agreement is instead, "Rent of $XXX is payable on the 1st of the month, but if not paid by the 5th increases to $YYY," you would have an argument that rent is not actually due until the 5th.
    Thanks for handing a helping hand Mr. K!

    Your first point is the situation: Rent is due on the 1st and then by the 5th an additional late fee becomes due in addition to the rent

    So I suppose that April 2nd is the quickest way for him to serve the 3-day or quit notice.

    I appreciate the help!

    - Hard Working Dad

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can Landlord Give Us 3-Day Pay or Quit Before Grace Period

    and understand that once the period allowed to pay (or cure or whatever term is used) the landlord is not obligated to accept payment and can continue with an eviction.

  5. #5

    Default Re: Can Landlord Give Us 3-Day Pay or Quit Before Grace Period

    Quote Quoting jk
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    and understand that once the period allowed to pay (or cure or whatever term is used) the landlord is not obligated to accept payment and can continue with an eviction.
    Yes you mean during the 3 day period, correct?

    I just read the time schedules on that too

    Which helps because the 2nd is on Thursday, the 3 day term starts on Friday, and because the 3rd day lands on a weekend then it rolls over to Monday at midnight - exactly the day I'll have the full rent amount

    - Hard Working Dad

  6. #6
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can Landlord Give Us 3-Day Pay or Quit Before Grace Period

    I suggest you familiarize yourself with the CA landlord tenant statute. Starts at Section 1940 at:

    http://www.leginfo.ca.gov/cgi-bin/ca...ebody=&hits=20

    Now that you are on month to month there are specific termination notice requirements.

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