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    rusty2589's Avatar
    rusty2589 Posts: 1, Reputation: 1
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    #1

    Oct 3, 2009, 11:02 PM
    Eviction of two disabled Seniors in California. Are we entitled to another 60 notice?
    In June we received a 60 day notice to move. It was for minor complaints (unspecified) against my wife.

    The Landlord won't tell us who or what the complaints are about. The 60 day notice expired August 16th. We have continued to pay our rent since expiration of the 60 day notice and have received no new ones.

    We have always paid our rent on time, however, in July I was late one day and received a 3 day notice and $25 late fee.

    I was told verbally that our move out date is October 30th, this month by the landlord.

    Question: Are we entitled to another 60 notice?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Oct 4, 2009, 09:17 AM

    Verbal notices don't count. It's the notices that are put on paper that count.

    Are you month to month tenants or do you have a lease?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Oct 4, 2009, 09:23 AM
    Quote Originally Posted by rusty2589 View Post
    We have always paid our rent on time, however, in July I was late one day and received a 3 day notice and $25 late fee.

    I was told verbally that our move out date is October 30th, this month by the landlord.

    Question: Are we entitled to another 60 notice?
    Hello rusty:

    Once you breach, you are NOT entitled to 60 day notice. That is, unless the landlord ACCEPTED your late payment. If so, you're breach has been cured and you ARE entitled to 60 days...

    But, that was back then... I don't know what's happened lately. If it's ONLY his "verbal" notice regarding Oct 30, then as twinkie said, it's NOT valid...

    Nonetheless, you're going to have to find something, and real soon.

    excon

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