Legal Question in Landlord & Tenant Law in California
number of days before you can file an unlawful detainer
what section of c.c. states that if a 3 day notice is posted, 5 extra days before filing an unlawful detainer
3 Answers from Attorneys
Re: number of days before you can file an unlawful detainer
I agree with my colleagues. Five Days!
Re: number of days before you can file an unlawful detainer
None. The landlord could file the UD complaint on the 4th day. Once you are served with the UD summons and complaint, you have 5 days by which to answer or otherwise plead.
Re: number of days before you can file an unlawful detainer
There used to be a belief among some trial judges that a post and mail service of the 3 Day Pay or Quit notice extended the tenant's time for performance for an additional 5 days, for a total of 8 days. That has not been the prevailing view for some time now, so you have three days, providing that the notice does not expire on a Sat., Sun. or Court Holiday: if so, it is the next working day that the notice expires.
Related Questions & Answers
-
Eviction is it legle to evict a person if thay are disable and very sick Asked 2/09/08, 5:03 pm in United States California Landlord & Tenants