QUESTION
Was it legal for my mother to be given an unlawful detainer charge?
Asked on Dec 11th, 2015 on Landlord and Tenant Law - California
More details to this question:
On 11/17/2015 she was severed a 3 day pay or quit and a 60 day notice to vacate. On 12/11/2015 she was served with a unlawful detainer. Is that legal? The detainer mentioned the 3 day notice but not the 60 day.
4 ANSWERS
It sounds lawful if she failed to pay all back rent by the third day.
Answered on Jan 04th, 2016 at 2:43 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
If she did not pay her rent within the 3 days, it is most likely legal. Had she paid the rent due, then the 60 day notice to vacate would apply.
Answered on Jan 04th, 2016 at 2:43 AM
If she didn't pay, yes.
Answered on Jan 04th, 2016 at 2:43 AM
In California, if the tenant does not cure the violation alleged in the three day notice, after three full days the landlord can file an unlawful detainer. If your mother has been a tenant there for at least one year, the landlord can also give her a 60 day [as opposed to 30 days] notice that she has to vacate whether or not the unlawful detainer is successful [assume that she is not under a lease that expires after the 60 days]. Based upon the very limited facts you present, yes the landlord has acted legally. Even if your mother wins on the three day notice, she has to be out after 60 days.
Answered on Jan 04th, 2016 at 2:42 AM