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    elisacm81's Avatar
    elisacm81 Posts: 2, Reputation: 1
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    #1

    Sep 7, 2011, 09:44 AM
    Issuing a 3-Day Quit Notice after Issuing a 60-Day Notice
    We issued our California tenants a 60-Day Notice. If, in that 60 day period they fail to pay their rent per their rental agreement, or create a substantial nuisance, can we issue a 3-Day Notice to Quit? Or would it have to be a 3-Day Notice to PAY or Quit? Basically, we want these tenants to move out.

    Thank you.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #2

    Sep 7, 2011, 09:48 AM
    File eviction papers...

    Giving them 3 day pay or quit gives them 3 days to stop what you want. If they pay up you can't evict them then if they have a lease.

    30 day notice is all that's needed to evict most places.

    What exactly did you give them 60 days ago? And how... it matters. Proper eviction notice... or simply telling them to leave? Were they served by a process server?

    Your next step migh be court.. to have them removed. Sometimes paying them to leave might get faster results.
    elisacm81's Avatar
    elisacm81 Posts: 2, Reputation: 1
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    #3

    Sep 7, 2011, 10:18 AM
    Yesterday I personally served them with a 60-Day eviction notice (since they have been renting for over a year). Under CA law, this is an "unconditional" notice in that I don't need to give them a reason for the eviction, nor can they avoid the eviction through remedy on their part. They are just being evicted, period, and have 60 days to leave.

    However, given these tenants' track record, I am concerned that in this 60-days that they will (1) not pay their rent, and/or (2) that they will cause some nuisance problems, both of which I understand are grounds for a 3-Day Notice to Pay or Quit in California.

    My question is, if (1) and/or (2) occur within the 60-day time, can I legally issue them a 3-Day Quit notice, given that I've already issued them the 60-day notice?

    Again,this is in California.

    Thanks!

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