Legal Question in Landlord & Tenant Law in California

I gave tenant 60-days Notice, because I need to move into the house. The lease does not allow them to use their security deposit for the rent, however, they have not paid the rent.

If I file a 3-day "Pay or Quit," will it affect in any way the 60 days notice they have already been given?


Asked on 3/12/22, 6:28 am

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

You cannot evict for non-payment of rent in California under current COVID restrictions. You CAN evict to move in, but you best check the local ordinances, city and county, that may impose restrictions on timing and how you must go about it. It's rarely as simple as just giving notice, especially under the COVID moratorium. If you really need to move in, the last thing you want to do is do it wrong and get tied up in court for years.

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Answered on 3/13/22, 9:16 pm


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