Legal Question in Landlord & Tenant Law in California
After giving my landlord my 30 day notice, she gave me a "Notice to Quit" and said I had to move out in 3 days and a sheriff would be here to escort me out. How illegal is this?
2 Answers from Attorneys
Landlords are required to provide a 60-day advance notice to a resident if the landlord elects to terminate a tenancy. If the tenant has resided in the unit less than 1 year, the landlord is only required to give a 30-day notice. (Civil Code Section 1946.1)
A 3 days notice to quit is used in a situation where you are in breach of the lease agreement or have failed to pay rent. It is not clear from your post whether this has occurred.
Furthermore, the sheriff does not escort someone out at the end of the three (3) days. The landlord has to file an unlawful detainer action and obtain a judgment of possession first.
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