Hello, and thank you for reading my post.

I am currently renting a house in Southern California where I have resided for the past 14 months.

Recently when my one year lease was up, my landlord wanted me to sign another year lease, but due to recently being diagnosed with tumor on my pancreas I explained that I cannot obligate my wife and children to another year lease until I get some more testing and find out what all is wrong. They then explained that our rent will increase by $100.00 to go month to month until I figure out what I want to do.

The following month I was in the Hospital from the 1st - 4th, and my Wife was unable to cash my check till I got home which put us 4 days late on rent to which we were served a 3 day notice to quit. When I got home I immediately explained why the rent was late and promptly paid it along with an additional $60.00 late charge to resolve the situation so I could concentrate on other things. Everything had been resolved and was back on track or so I thought.

This past month I found myself back in the Hospital again and once again missed rent by 3 days, but this time around after missing the rent by two days, my landlord apparently skipped a 3 day notice and issued a 30 day notice to terminate tenancy. Friday was 24 days in to my 30 day notice and I in the middle of discussing a job worth $3000.00 at my paint and body shop when my landlord walks in my shop, past my counter and in to the back of my shop to hand me a 3 day notice in addition to the previous 30 day notice which threw my Customer off and lost me that job which was money I was planning on using to vacate this property and avoid any further mess.

In addition to me losing much needed work, they have now called my Wife at work as well repeatedly wanting to know what our plans are which has led to problems with her Employer as well.

So now my landlord has cost me all of my money to relocate, could potentially cost my Wife her job, Has issued a 30 day notice, and then a 3 day notice to which I am not sure which one to pay attention to, and we have a serious mess on our hands.

From what I understand, in the State of California, if you have lived in the residence for over a year then the landlord must give 60 days and not 30 days unless otherwise specified in the Contract which I have read over and there is no such provision, but not sure if this information is accurate.

Also from what I have been told, a 3 day notice should be given first followed by a 30 - 60 day notice, and if like in this case a 30 day was apparently improperly given first followed by a 3 day notice later, the 3 day notice cancels out the 30 and the process must be started over again to make it legal, but again not sure if this is accurate either.

From what I feel, all of this mess has been caused by myself not wanting to sign another year lease and this is their methods for removing us from their house, and up till this past Friday I was ready to comply, everything packed, and money to move right away till the landlord took that away and now I am stuck, and not sure what to do.

Any advise you might have to offer would be appreciated so much.

So if the landlord files in court, and you appear at the eviction hearing, you ask for the hearing to be dismissed for lack of proper notice, and fight it in court.

He would not be coming into your shop, he would not be calling the wife at work, if you were calling him and letting him know what was going on. So why are you not talking to him.
Even though served the 30 day notice, did you pay him, so he is paid for this month ? If not, why ?

After the 30 day notice, how many times have you called the landlord and talked to him and discussed this with him ?

In California if you have lived on the property for more than one year then the landlord is required to give you at least 60 days written notice that the tenancy is terminated. This 60 day notice is only for the tenancy and has no connection with non-payment of rent.

If the landlord gave you a 3 day notice that was only for non-payment of rent and is separate from the termination notice. If you have paid the rent in full during the 3 days then the notice is no longer valid and the landlord cannot file for an eviction on that basis.

If your rent is paid in full and the landlord files an eviction lawsuit on the basis of the 30 day notice, show up in court and show some proof that you have lived there for more than one year. The landlord will then have to issue you a new 60 day notice and start the process all over again.

However if you fall behind in rent at any time the landlord is still entitled to give you a 3 day notice and evict you on that basis if you don't pay.

It sounds like your landlord really wants you out of there. You can try speaking to him to see if you can work something out but you should also be looking for a new place.