QUESTION
Following expiration of a Quit or Pay 3 Day Notice, is there a time limit within which I must file the Unlawful Detainer Action ?
Asked on Aug 18th, 2015 on Real Estate - California
More details to this question:
Calif. Single Family House under month-to-month rental agreement. Tenant has not paid August rent, and in response to 3 Day Notice has assured me he will vacate in 7 more days. His 3 days are up. Can I wait an extra 7-8 days to see if he keeps his promise, before filing the Unlawful Detainer, without invalidating my 3 Day Notice.
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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Price Law Firm, APC
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You should get his Notice to Vacate in writing, signed by him. If he doesn't vacate by that date, then you can start the unlawful detainer action without further notice under his Notice to Vacate. That's better than the 3-day notice because there are fewer defenses.
Answered on Aug 27th, 2015 at 10:22 PM