Legal Question in Civil Litigation in California

Do I need to serve a 3 day notice of pay rent or quit, first on my tenants before having a process server serve the unlawful detainer on them, or, these notices can be given and served on my tenants at the same time?

My tenants who have signed a one year residential lease have repeatedly violated the term of the lease that requires them to pay the rent on first of the month. This has affected my ability to pay my mortgage on the house on time.

Although, I had an amendment to the lease signed with my tenants and extended the due date to twelfth of the month vs. first of the month and waived all the late fees, nevertheless, the tenants continue not to pay me my rent by the due date.

Many thanks.

Asked on 5/09/13, 8:03 pm

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

The three-day notice must be served first. Indeed, the UD complaint cannot even be filed without having served the notice and alleging that fact in the complaint.

I suggest you meet with a landord-side unlawful detainer lawyer for assistance. There are also some decent self-help books on the market. I would NOT however, do your very first unlawful detainer action on your own. They are not automatically granted, and the procedure must be followed strictly..

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Answered on 5/10/13, 12:21 am

Anthony Roach Law Office of Anthony A. Roach

The three day notice must be served first, and the time period must expire, before you can file an unlawful detainer action.

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Answered on 5/13/13, 9:25 am

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