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In the state of california can you be evicted legally if they never gave you a 3 day notice?

My mom was late on her rent and just got a 60 day notice in the mail and they never even posted a 3-day notice on her door, can they legally evict her? I know i know, i don't condone people ducking and dodging paying people their money, but it's my mom... so what am i gonna do? is this a legal eviction since they never posted or in any way gave a 3 day?

5 Answers

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  • 4 years ago

    If the 60 day notice is to leave, then it's NOT an eviction. An eviction is paperwork filed through the court. If she is on a month to month lease, this is perfectly legal. They don't have to do a 3 day notice. In fact, a 60 day gives more time for her to move.

  • Yeti
    Lv 7
    4 years ago

    A 3 day pay or quit notice is for failure to pay rent. If you don't pay or leave within the 3 days, they can immediately evict in court. If you pay within the 3 days, you stay, and nothing further happens.

    A 60 day notice is if they're simply terminating a month-to-month arrangement. In some cases, it can be easier to handle things that way and give your mom time to get out on her own. They don't have to get into arguments over things like if she paid on day 4 after getting a 3 day notice. They just get to evict her if she's not out in the 60 days (assuming she pays rent in the meantime). The lease is ending though no matter what.

    Yes, you can be evicted legally from a month-to-month rental with proper notice like this, if you don't leave by the end of the notice period. And there is nothing that says they have to give you a 3 day notice before a 60 day. You get one or the other depending on the situation.

  • 4 years ago

    The 3 day notice was stolen by the neighbor's kids.

    OK, that is BS, but you CAN'T disprove it in court.

  • 4 years ago

    The purpose of the 3-day notice is to give the tenant the opportunity to pay the rent due. It's a correctable eviction in that if the tenant corrects it (i.e. pays the rent), the eviction is stopped and the tenant can remain.

    Does the 60-day notice actually say she's being evicted because of failure to pay? If so, then yes, they should've delivered or certified mailed a 3 day notice (posting it on the door won't usually hold up in court, unless it's impossible to reach the tenant - and the landlord would need to show they tried). If a different reason - or no reason - if given for the eviction, then a 3 day notice might not be required.

    Cities with rent control will have their own ordinances and requirements (San Francisco notably doesn't allow the landlord to terminate a rental agreement without cause, and the only real grounds for evicting someone without paying them is illegal activity). But for California in general... ASSUMING the landlord is evicting her for failure to pay rent, then yes, a 3-day notice is required before the eviction. Best option: talk to the landlord and offer to pay. It's possible they just wanted to give more time (for her to pay/correct it) than is legally required and will still accept payment and end the eviction process once paid (maybe the landlord is nice and wanted to give her 60 days to pay instead of 3). If the landlord won't accept that, and the eviction is because your mom hasn't paid rent, then contact an attorney (if you don't have the money, there are a number of Tenants' Rights organizations that will provide free service) - because yeah, the option to correct (the purpose of the 3-day notice) is legally required.

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  • Troy
    Lv 6
    4 years ago

    Pay the rent and you won't be evicted

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