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Old 03-12-2009, 12:22 AM
 
5 posts, read 25,802 times
Reputation: 12

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Hi I gave this guy a 30-day notice on 27th of January, there was 31 days in January. 1 day before the last day he said he was going to move out. He gave me a false phone number to where he was going to move to. He said he was moving into a sober living home. So when I caught him lieing and him having no place to go, I gave him a 3-pay or quit and a 30-day quit notice. Because I gave him the 3-day pay or quit and 30 day notice before it expired, can I still evict him for non-payment of rent?? I filed for 3-day pay or quit on 3/4/09.

note: I gave him 3-day pay or quit and 30-day notice on 02/22/09. His rent every month is 550 on the 22nd of each month
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Old 03-12-2009, 12:42 AM
 
Location: SoCal - Sherman Oaks & Woodland Hills
12,977 posts, read 28,798,671 times
Reputation: 10491
As a fellow landlord, my advice is to talk to your attorney. This is NOT something that you want to ask someone in a public city forum.
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Old 03-12-2009, 01:58 AM
 
9,716 posts, read 12,938,315 times
Reputation: 3315
I agree with DaBeez. If you had given one or the other, we might have been able to answer but since you gave him both, I think you need to speak to a lawyer.
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Old 03-12-2009, 10:30 AM
 
Location: Windermere, FL
269 posts, read 787,667 times
Reputation: 167
Being a land lord stinks
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Old 03-12-2009, 02:46 PM
 
5 posts, read 25,802 times
Reputation: 12
I looked on the lasuperiorcourt.org website and it says a landlord can give 2 notices, a 3-day or 30-day notice at the same time. If the person does pay in those 3 days then the 30-day notice takes affect. If the person doesn't pay in those 3 days then the 3-day notice will take effect and the 30-day notice won't even matter. I will give you a link to it.

California Courts: Self-Help Center: More Topics: Landlord/Tenant: Questions & Answers: Evictions Questions & Answers: A Guide for Landlords: Can the landlord give more than one notice at the same time?
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Old 06-14-2009, 12:26 PM
 
Location: New Orleans
525 posts, read 917,608 times
Reputation: 478
I have evicted a few tenants for non payment of rent. The 3 day pay or quit should not be given the day of rent due. Usually they like to give them a grace period and then the 3 day pay or quit. No late rent fees due, etc. just the actual rent amount due to the penny. My attorney says if it is one cent over then the judge may throw it out.

He/she does not technically have to move out until the judge says to move out. Sheriff at the door.

So you give 3 day pay or quit with JUST rent amount (no late fees, etc.). Then you file an unlawful detainer. Go to court. Person evicted has x amount of days to leave. Then sheriff comes out and escorts them out. This takes a couple months.

If he/she is nice enough to just leave then you are damn lucky!!! Most of the time they will ride it out until the Sheriff is there. One tenant of mine stayed until the day the sheriff showed up.
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Old 01-04-2010, 10:09 PM
 
2 posts, read 8,234 times
Reputation: 10
can you give the 3 day pay or quit notice even if they have paid you half of the rent and they dont have the other half until 2-3 weeks later? this is my problem tenant has paid there rent late 3 months straight including this month are these grounds for eviction?
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Old 01-04-2010, 11:57 PM
 
Location: Los Angeles
4,763 posts, read 6,922,203 times
Reputation: 6373
Quote:
Originally Posted by booboo54 View Post
can you give the 3 day pay or quit notice even if they have paid you half of the rent and they dont have the other half until 2-3 weeks later? this is my problem tenant has paid there rent late 3 months straight including this month are these grounds for eviction?
You will find the answer to this in the other thread dealing with the same issue.
Bob.
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Old 01-05-2010, 11:12 AM
 
Location: NW Wyoming
40 posts, read 82,670 times
Reputation: 24
Quote:
Originally Posted by booboo54 View Post
can you give the 3 day pay or quit notice even if they have paid you half of the rent and they dont have the other half until 2-3 weeks later? this is my problem tenant has paid there rent late 3 months straight including this month are these grounds for eviction?
I can't believe someone would give a 3 day notice to pay or quit then accept the money. Unless they send the money with a return receipt required don't cash the check. I had rentals for 30 years in SoCa. You should screen your tennants first. With a 3 day notice to pay or quit it would take me about 42 days to get them out. You got good previous info, get a good attorney.
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Old 01-05-2010, 11:23 AM
 
Location: Below the fray
422 posts, read 1,563,671 times
Reputation: 327
Check out Nolo Press for landlord/tenant legal information. Why someone would decide to be a landlord, and then turn to a bunch of strangers on an Internet message board for advice on how to run their BUSINESS is beyond me. Though there ARE websites where landlords trade just this kind of information. Not here, though.
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