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  1. #1

    Default When Can a Landlord Issue a 4-Day Notice to Quit

    My question involves landlord-tenant law in the State of California, County of Los Angeles.

    Can I issue a 4 (or any X up to, say, 10) Day Notice to Quit rather than a 3 Day Notice, and if the tenant doesn't pay, initiate the Unlawful Detainer process as one would with a 3 day Notice?

  2. #2
    Join Date
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    Default Re: 4 Day Notice to Quit

    Read Section 1161.2.

    http://leginfo.legislature.ca.gov/fa...de=CCP&title=3.

    I think you would be OK giving longer notice to quit.

    But I gotta tell you (as a former landlord) you give tenant's an inch, they'll take a foot.

    My advice: Stick to the official 3 day notice and don't give in.

  3. #3
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    Default Re: 4 Day Notice to Quit

    Eh, if a three day notice ends on Thursday and payday is Friday it might be practical to make it a 4 day notice.

  4. #4
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    Default Re: 4 Day Notice to Quit

    Quote Quoting llworking
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    Eh, if a three day notice ends on Thursday and payday is Friday it might be practical to make it a 4 day notice.
    No.

    If the tenant doesn't pay on Friday you have to wait until Monday to go to the courthouse.

    Tenants must be taught that rent day is rent day above all else.

  5. #5
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    Default Re: 4 Day Notice to Quit

    Quote Quoting adjusterjack
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    No.

    If the tenant doesn't pay on Friday you have to wait until Monday to go to the courthouse.

    Tenants must be taught that rent day is rent day above all else.
    That depends on what is more important to the landlord. The possibility of actually collecting the money or evicting the tenant?

  6. #6

    Default Re: 4 Day Notice to Quit

    Thanks everyone. Yes, this was a case of a tenant with a fair-to-good tract record who seemed to be telling the truth. But I wasn't sure. She said she needed the extra day but I wanted to hold her feet to the fire so that the extra day didn't turn into 2 and then 3. Since I wasn't sure about the validity of a 4 Day Notice at the time, I didn't do it and just trusted her. But I wanted to know for next time. BTW, she did come through and pay as agreed.

  7. #7
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    Default Re: When Can a Landlord Issue a 4-Day Notice to Quit

    My suggestion is to use an official form whenever possible -- a lawyer-drafted or court-issued form, or a form that has a solid history of passing muster in court -- and to not make changes to the form lest you inadvertently invalidate your notice.

    If you issue a proper three-day notice, there's nothing that compels you to file an eviction lawsuit at the earliest possible moment -- you can still wait a day or two to see what your tenant does.

    Some tenants will come through as promised, and pay their rent in full a few days late, but others will string you along. Some will surprise you the moment you serve them with court papers by filing for bankruptcy protection. Some will respond with lawyers who file counter-claims seeking rent abatements or damages for violations that may exist nowhere but in their imagination.

    It may seem cold-hearted, but being a landlord is a business and you have to protect yourself and your financial interests.

  8. #8
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    Default Re: When Can a Landlord Issue a 4-Day Notice to Quit

    It would be foolish to issue anything other than a 3-day notice. You are, of course, free not to file the unlawful detainer complaint immediately upon the expiration of the three day notice period. If you want to give the tenant more time, that's how you do it.

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