QUESTION
If a 3-day notice to perform or quit is not complied with, is it declared forfeit by the landlord?
Asked on Jul 29th, 2013 on Landlord and Tenant Law - Idaho
More details to this question:
Therefore the lease agreement is terminated I would think. Can he then serve another 3-day notice to perform or quit, since he has no legal contract on which to base the notice? And if he files a UD, can he pick either 3-day notice on which to base the UD?
2 ANSWERS
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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If the tenant fails to comply with the notice from the landlord within the period of time specified by the notice, the tenant's rights under the lease are forfeited. The forfeiture of the tenant's rights of continued possession, does not deprive the landlord of any other rights to enforce the lease provisions while the tenant unlawfully continues in possession following the failure to comply with a reasonable notice. Restated, the notice does not terminate the landlord's rights under the lease. Nonetheless, the second notice should've explained that it superseded and replaced the first notice, for the tenant to understand that he had continuing rights under the lease.
Answered on Jul 31st, 2013 at 2:22 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I think you need to get an order of eviction from the court.
Answered on Jul 31st, 2013 at 2:21 AM