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    eriama7's Avatar
    eriama7 Posts: 2, Reputation: 1
    New Member
     
    #1

    Jun 23, 2008, 11:45 AM
    Can a Landlord give me a 3-Day notice plus a 30 Day notice to quit all at once?
    Hello

    I need to please know what is the legal procedure to an eviction notice?
    My fiancÚ and I and my 3 children use to live in Buena Park in Orange County and we still currently work in Orange County and comute Mon-Fri about 1hr and 15mins each way. When we heard from a far away causing saying that she was renting a model home that she had purchased and was renting out but old tenants had to leave and my fiancÚ and I made the decision to go rent over there because it was much cheaper to rent a house then what we were paying for an apartment. We had also agreed to purchase the Home later on this year because my credit was not so great just yet later in in March she told us that her Mortgage Payment went up that she was advised to still pay the minimun payment which she said she will continue on doing she said not to worry we kept asking her if she was paying the House or not she always said yes but not the full amount she said we are OK don't worry! When my fiancÚ and I got suspacious we asked our Loan Officer about how can we find out if she is making payments for the House she said she will contact someone to find out for us short enough she sent us a copy of the NOD that had gotten out May 22, 2008 for not paying 3 consicutive months she still wants us to pay rent of $1,200 a month we owe her $400 for June because we have been getting different information that are advicing us not to pay anymore but I really want the legal advice not the siding with me advice please? Some how we got a paper on our door last night of a 3 Day notice to pay rent or quit dated on Thurday June 19, 2008 but it was posted on June 22, 2008 evening attached is the 30-Day notice to quit is this legal procedure? PLEASE HELP?Thank you :(
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Jun 23, 2008, 12:15 PM
    The notice is effective at the date received, it may have been wirtten but not served for a few days. It would appear that they want to be covered in court, if you appeal the 3 day notice and the court does not allow it, they have the 30 day already in place. I do not know why they can not, although it does show they assume the 3 day notice would be overturned in court. The mian issue is that you will have to reply to them and expect to defend them in court
    MsMewiththat's Avatar
    MsMewiththat Posts: 854, Reputation: 136
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    #3

    Jul 25, 2008, 01:20 PM
    I think that they are serving you the 3 day notice and if you pay them that vacates that order to have you leave within the 3 days. However, they still want you out so here's the catch. Even if you pay you have thirty days. Bottom line: They are done dealing and want you to move. God Bless
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #4

    Jul 25, 2008, 02:28 PM
    Quote Originally Posted by eriama7
    Hello

    I need to please know what is the legal procedure to an eviction notice?
    My fiance and I and my 3 children use to live in Buena Park in Orange County and we still currently work in Orange County and comute Mon-Fri about 1hr and 15mins each way. When we heard from a far away causin saying that she was renting a model home that she had purchased and was renting out but old tenants had to leave and my fiance and I made the decision to go rent over there because it was much cheaper to rent a house then what we were paying for an apartment. We had also agreed to purchase the Home later on this year because my credit was not so great just yet later in in March she told us that her Morgage Payment went up that she was adviced to still pay the minimun payment which she said she will continue on doing she said not to worry we kept asking her if she was paying the House or not she always said yes but not the full amount she said we are ok dont worry! When my fiance and I got suspacious we asked our Loan Officer about how can we find out if she is making payments for the House she said she will contact someone to find out for us short enough she sent us a copy of the NOD that had gotten out May 22, 2008 for not paying 3 consicutive months she still wants us to pay rent of $1,200 a month we owe her $400 for June because we have been getting diferent information that are advicing us not to pay anymore but I really want the legal advice not the siding with me advice please? [F]Some how we got a paper on our door last night of a 3 Day notice to pay rent or quit dated on Thurday June 19, 2008 but it was posted on June 22, 2008 evening attached is the 30-Day notice to quit is this legal procedure? PLEASE HELP?Thank you :(


    They have given you a 3 day notice to pay or get out.

    They have also served you with a 30-day eviction notice.

    Even if you pay (which will extend you to the end of the month) they intend to evict you (that's why you got both notices).

    Bottom line - they want you out and have covered their bases.

    Yes, this is legal and it's not unusual for the notice to have one date and be served on another - you have 3 days from the date of service.
    concerned321's Avatar
    concerned321 Posts: 8, Reputation: 2
    New Member
     
    #5

    Oct 23, 2011, 09:04 PM
    eriama7 . This is the process in California , Step 1 - you get a 3 day notice to pay rent or quit which is simple pay the rent or move out... Step 2 - If you chose not to pay the rent then the Land Lord HAS to file with the court for a UNLAWFULL DETAINER.. Step 3 When the court sends you the UNLAWFULL DATAINER you have 10 DAYS to answer that UNLAWFULL DEATIANER or you get kicked out ASAP , Step 4 Answer the UNLAFULL DETAINER and state the reasons you are not paying the rent... Step 5 then you get your court date which usually takes about 3 to 4 months for the whole process top take effect... If you can not afford the Court Fess ask for A Court Fee Waiver and all your fess will be waived .. That is the process in California to fight eviction ... So Relax it's a easy to due all this
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Oct 24, 2011, 07:00 AM
    This thread is from 2008 - I'm sure the person who asked the question has made arrangements by now.

    Please watch the dates.
    Dww9's Avatar
    Dww9 Posts: 1, Reputation: 0
    New Member
     
    #7

    Jul 30, 2012, 01:39 PM
    This was still helpful even today thank you
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Jul 30, 2012, 02:07 PM
    Quote Originally Posted by Dww9 View Post
    This was still helpful even today thank you


    Why do I find it hard to believe that a person would get a user name, sign on, go through ALL the "eviction" questions that are posted under real estate, posts which give the name of the State in the title, move on down (or up) to Small Claims (which was the wrong category when this was first asked) and thank the person who re-opened the thread?

    Unless, of course, that person is the same person who reopened the thread.

    I'm sure someone can check IP addresses.

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