Notice Requirements in California

Notice Requirements in California

There are very strict rules as to what type of notice must be given in the event that the landlord wants to regain possession of their property. There is 3, 30, 60, and even a 90 day notice that may be required depending on the facts.
Certain circumstances allow for the landlord to give a 3-day notice.  There are two types of 3-day notices; either pay or quit notice, or 3 days to perform the covenant. One or both may be served on the tenant depending on the reason for the eviction.
The three day requirement is construed very strictly by the court. The California Civil Procedure Code requires  a landlord to allow for full three days to pass before an Unlawful Detainer action can be filed with the Court. That does not include holidays and weekends. Gersten Cos. v Deloney (1989) 212 CA3d 1119: (CCP 1161) For example, if you were to be served a notice on Wednesday, your first day would start on Thursday and the earliest that the Unlawful Detainer action can be filed would be Tuesday.
Filing a lawsuit prematurely will result in a dismissal and the landlord would have to start the eviction court process over. This is a costly and time-consuming mistake. It is imperative that the right type of notice is served.

Even small mistakes can cost the landlord thousands and the tenant to be evicted unlawfully. It is important to consult an experienced landlord-tenant attorney in Modesto, CA to ensure that you are protected.


About Vita Palazuelos Esq.

Founding partner at Palazuelos Law, Vita is passionate about helping others through Family Law. She is a mother of two, a dedicated wife, and in her spare time she loves running and can often be found participating in a local race.

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