Legal Question in Real Estate Law in California

Notice to Tenant

I am in default on my lease payment for rental property. Because this is a lease, not a month to month tenancy, does my landlord only have to give me a 3 day notice to pay rent or quit? Is a 30 day notice to vacate also required? I was laid off from my job of 3 years. I have been a model tenant..prior to this point. I just received an unlawful detainer-eviction summons.

Thank-you


Asked on 3/11/02, 7:48 pm

2 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Notice to Tenant

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

You have five (5) days, more or less, to file a Motion to Quash, a Demurrer, or an Answer. Consult with a knowledgeable attorney IMMEDIATELY!! You should be able to get an office consultation for $100 to $200.

Thanks for sharing your interesting inquiry.

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Answered on 3/12/02, 12:46 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Notice to Tenant

There is no 30 day notice required when the reason for eviction is non-payment of rent. You should try to negotiate with the landloard, but unless there are serious problems with the building, they are within their rights.

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Answered on 3/11/02, 8:22 pm


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