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  1. #1
    Join Date
    Dec 2015
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    Default Which Eviction Notices Should a Landlord Serve

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

    I own and live in a house in San Diego, California, and I have taken in 2 renters who are renting rooms on a month-to-month basis, with only verbal contracts so far, nothing in writing. They usually pay me in cash and though I have kept a record of the payments for my tax purposes, I have never given a written receipt to either tenant.

    One of the renters has been here 16 months. She pays $600/month and that includes utilities. She is 62 and was laid off from her job almost a year ago and has been collecting unemployment, and has been able to pay her rent every month until this month. For December she paid half of the amount, $300, early in the month, but last week she told me she has no money and cannot pay. She appears to have made no effort to look for another place and there is no evidence she is preparing to move out.

    Yesterday I gave her a 3-day Notice to Pay or Quit, and verified that the form had all the elements required by California law. However I believe I made an error on the dates. For the period covered by the $300 she still owes, I wrote December 15, 2015 through December 31, 2015. I believe I should have written December 1, 2015 through December 31, 2015. I don't know if this is an error which would cause the case to be dismissed, if this comes to a court case.

    Can I simply serve her with another 3-day Notice today, with the correct dates? (Of course one day later, so the 3-day period would start again.) And if I do, does that supersede the notice I gave her yesterday, even though the amount owed does not change?

    Would it be advisable for me to also give her the 60-day Notice to Vacate now, at the same time as the 3-day notice? That will set the clock going on a date she must be out, period. Will that interfere or confuse the process of the 3-day Notice to Pay or Quit? If she has not given me any money by a week from today (Monday Jan. 4th) I intend to go to the court and file a case of Unlawful Detainer, based on the 3-day notice I give her today.

    Thank you for your advice.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Which Eviction Notices Should a Landlord Serve

    An old adage; better safe than sorry. I can't say it will cause an issue but I wouldn't risk it.

    A notice is deemed void simply if you fail to act on it within any legally prescribed time. Just forget about the first notice and give her a new one with corrct dates. When those 3 days expire file the unlawful detainer

    If you want her to move regardless of whether she pays or not as the 3'day notice requires, yes, I would also issue a 60 day notice of termination of her tenancy whenever you choose to do so.

    i would have to check the laws to be able to advise whether it matters or not but you seem to have a good handle on things so I figure you can check: make sure of whether weekends or holidays make a difference in the 3 day notice. I do t recall offhand.

  3. #3
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    Default Re: Which Eviction Notices Should a Landlord Serve


  4. #4
    Join Date
    Dec 2015
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    Default Re: Which Eviction Notices Should a Landlord Serve

    Thank you both for your prompt replies. I am actually brand new to all of this, but I have been furiously studying the California laws regarding it. All was well until the one renter decided to stop paying.

    I did use the California courts page linked in the reply directly above as a guide, when filling out the 3-day notice. I made certain that everything listed under "3-Day Notice to Pay Rent or Quit" was on the notice. However, I believe I screwed up the dates that the late rent covers. After watching a couple of Youtube videos on preparing that notice, they all used the dates from the 1st through the last day, whether that was 28th, 30th or 31st. I'm just worried that a judge might look at the notice and say to me, "What is this, the 15th through 31st? I thought this was a month-to-month rental!" and throw the case out based on that alone.

    If it is legal to simply give her a new notice today, with the proper corrections, I'll do that. Does giving her a new notice today automatically supersede the notice I gave her yesterday?

    My other concern is the possible impact of serving her a 60-day Notice to Vacate, at the same time as the 3-day notice. If the case does go to court, is a judge likely to look at both notices? The defendant might bring along the 60-day notice with her, even if the court case is filed based on the 3-day notice alone.

    Is a judge likely to look at both notices and say, "Well, since your landlord has given you the 60-day notice to Vacate, which expires on March 1st, then that will be your move-out date." Or will they be likely to give an earlier move-out date, based on the 3-day notice (which expires at the end of this week)?

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