Eviction Notice Does a 3-Day Notice to Quit or Pay supersede a prior 30-Day Notice to Vacate?

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WilliamC

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Hi,

I live in Los Angeles, which is under rent control. I have a written rental agreement, with building management, for the two-bedroom apartment in which I live. Several months ago, I rented out the second bedroom to another person, pursuant to an oral agreement. This is a sublet; his name is not on the written rental agreement.

He did not pay for March rent. Therefore, on March 6, I handed to my roommate a signed and dated notice. The following is the rest of the text:

"I did not receive your rent, $[xx.xx], plus payment for your share of the utility bill. This is a 30-Day Notice to pay or quit."

Later, I realized that I should have, instead, served him with a Three-Day Notice to Pay Rent Quit or Pay, pursuant to CCP 1161. Accordingly, on March 9, I served on him a Three-Day Notice to Pay Rent or Quit. In the body of the notice, I believe that I properly included the required information for a valid 3-Day Notice.

At the top of that notice, I wrote, "This notice supersedes any and all notices served to you."


1. Notwithstanding the above statement (regarding the superseding of prior notices), can my roommate successfully argue that he still has that original thirty-day period to pay the rent or quit and therefore the three-day notice, which I served within that 30-day period, is not valid?

2. How does my prior serving of the thirty-day notice affect any future unlawful detainer action that I may file, where I base the suit upon that three-day notice (which I served within the 30-day period of the thirty-day notice)?

3. I saw the following information in my research:

"If you have already served a Thirty-Day Notice of Termination of Tenancy, and you serve a Three-Day Notice for rent for any period beyond the Thirty-Day Notice, you may have waived the Thirty-Day Notice."

a. What is the meaning of the above statement?
b. How does it relate to my situation, if at all?

4. I inadvertently neglected to include my telephone number in that Three-Day Notice, as required by CCP 1161. Does that make the notice fatally defective?


--------------------------------------------------------------

(Below, is an excerpt from the Three-Day Notice statute.)

California Code of Civil Procedure Section 1161

A tenant of real property, for a term less than life, or the
executor or administrator of his or her estate heretofore qualified
and now acting or hereafter to be qualified and act, is guilty of
unlawful detainer:

1. …

2. When he or she continues in possession, in person or by
subtenant, without the permission of his or her landlord, or the
successor in estate of his or her landlord, if applicable, after
default in the payment of rent, pursuant to the lease or agreement
under which the property is held, and three days' notice, in writing,
requiring its payment, stating the amount which is due, the name,
telephone number, and address of the person to whom the rent payment
shall be made, and, if payment may be made personally, the usual days
and hours that person will be available to receive the payment […] shall have been served upon him or her and if there is a subtenant in actual occupation of the premises, also upon the subtenant.

--------------------------------------------------------------


Thank you,

Mike_C
 
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It doesn't matter, because this bum isn't going to pay you. So, when the three day period has elapsed, bring the eviction action.

That's where this is headed. No one knows what defense, he'll assert. Just pursue your case.

Expect this process to take six to nine weeks, before a judgement is forthcoming. Then a few more days until a sheriff can evict him.

In the meantime, you need to determine if you were allowed to sublet to him. If your lease doesn't permit sublets, then your LL might have to evict him. In some cases, when a LL discovers an illegal sublet, and a violation of the lease, the tenant (that's you) and the illegal sublet get evicted.


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army judge,

The rental agreement does permit my renting out my second bedroom. Any new tenant must fill out a rental application and pass a credit check. Then, management draws up a new rental contract, for the both of us to sign. Management did approve my roommate's application and credit check. However, the current rental agreement is still in my name only.

Is the thirty-day notice which I gave him on March 6, superseded by the three-day notice which I gave him on March 9, or must I wait until the thirty-day period has expired?
 
Proserpina,


The 3-Day Notice formally informs the recipient of my demand to either pay the amount of past due rent demanded within that 3-day period, else vacate the premises. If he fails to comply by the expiration of that 3-day period, then I may elect to exercise my legal right to sue for both the possession of the premises as well as the unpaid rent. The notice contains relevant information that the court needs to ascertain that, before I actually filed an unlawful detainer action, I had complied with certain procedural notice requirements.

It is not my intent to waste the time of any would-be replier. So, at the risk of seeming crude, I ask that you please indulge any apparent ignorance on my part

That said...

Once again: I wasn't substantially certain whether I could lawfully rescind the terms of the 30-day notice to pay rent or quit, by subsequently serving a three-day notice, within that same 30-day period.

Do you have any declarative statements concerning my above questions?

I would certainly appreciate any wise and potentially useful information.


WilliamC
 
It doesn't matter, because this bum isn't going to pay you. So, when the three day period has elapsed, bring the eviction action.

That's where this is headed. No one knows what defense, he'll assert. Just pursue your case.

Expect this process to take six to nine weeks, before a judgement is forthcoming. Then a few more days until a sheriff can evict him.

In the meantime, you need to determine if you were allowed to sublet to him. If your lease doesn't permit sublets, then your LL might have to evict him. In some cases, when a LL discovers an illegal sublet, and a violation of the lease, the tenant (that's you) and the illegal sublet get evicted.


Sent from my iPad2 using Tapatalk HD


You got your answer above! Anything else you throw in ther wont matter he isnt going to pay!
 
It doesn't matter, because this bum isn't going to pay you. So, when the three day period has elapsed, bring the eviction action.

I remember when I took tests in Jr. High. There was this one teacher who used to always tell certain students, "You did not answer the question that I asked; you answered a different question."

Can anyone provide a direct answer to at least one of the questions which I have asked above.

One response tells me to file the suit once the three-days has expired.


Notwithstanding the fact that I initially gave my roommate thirty days to quit or pay, I CAN lawfully unilaterally revoke rescind those terms and serve a three-day notice within that same thirty-day period?

So, I am to deduce that in response to that burning question: The answer is unequivocally yes?

So, my roommate will not be able to successfully argue that he relied upon that thirty-day notice to come up with the rent, and therefore a subsequent service of a three-day notice before the expiration of the thirty days was improper. Accordingly, he might claim that is not his fault that he did not have rent within three-days, as he had planned on the extra time—afforded by the thirty-day notice—to come up with the rent.
 
Your making too much of this!!
FACT! He has not paid rent!!! This gives you the legal right and means to bring forth an unlawful detainer!! QUIT complicating a simple matter. YES your questions were answered AJ answered them right away!! NOTHING else you throw out there matters. If that is not good enough then contact a local Attorney for consultation. He will tell you same thing. Unless you wish to see if AJ will take a retainer to deal with this for you lol
 
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