Legal Question in Landlord & Tenant Law in California
We have been living in a rental for 3 years. we have had some trouble keeping up with the rent. The landlord has given us a text message as our 12 day notice. is this binding as an eviction? or does it have to be a WRITTEN Notice of 30 or 60 days?
1 Answer from Attorneys
You don't provide much detail, but normally an eviction for non-payment of rent is commenced with a three (3) day notice, not a 30 or 60 day notice. The only exception is section 8 housing, which requires a 14 day notice to start an eviction for non-payment of rent.
The evidence code does consider emails and text messages to constitute "writings" although most eviction notices are prepared on a piece of paper. I doubt that the text message contains all of the legal requirements of a proper three (3) day notice, but an attorney would have to review the actual message and do some research before giving you a definitive answer.
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If going through an eviction, should in still continue to pay rent Asked 10/02/14, 5:46 pm in United States California Landlord & Tenants
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