3 day notice to pay rent or quit
We live in CA and currently rent out the 2nd story of our home. The renter always pays late and we have to serve him a 3 day notice each time before he pays. ON a month to month lease can we evict him immediately if he chooses not to pay or do we have to give him 30 days to move?
Re: 3 day notice to pay rent or quit
Depends on how long he has been a tenant. If he has resided there for over a year you have to give him a sixty day notice to terminate tenancy. If he has been there less than a year, a thirty day notice to terminate will suffice.
So, you cannot evict him immediately if he doesn’t pay his rent, regardless of what notice you use. However, if he doesn’t pay during the 30/60 day period you can also serve him with a 3 Day notice to pay rent or quit and proceed against him if he doesn’t pay timely. Make sure you check with an attorney about when those notice periods expire before you file your unlawful detainer (i.e. eviction) action, since filing too soon can void your notice and cause you to have to start all over again.
Stanley Moerbeek
The Law Offices of Stanley L Moerbeek
1370 N. Brea Boulevard, Suite 210
Fullerton, CA 92835