Look at the menu on the right - Landlord Forum thread 353884

Look at the menu on the right by Anonymous on August 17, 2017 @01:16

Landlord Tenant Law. Click on the California Landlord Tenant Booklet. On page 50 there are answers to your questions. I c&p part of page 68.cIt looks as if you can give them a thirty-six notice for them to move out AS WELL as a 3-day-or-quit notice for failure to pay rent. The two instances are not related by law. If you are on the 4th day of your 3-day notice, you can now go file an unlawful detainer and have it served. Tenants have ten calendar days to respond. I would suggest you hire a lawyer with some experience in unlawful detainers. It will cost you aboutbeing$1000 and will be the best $1k you will ever spend.

From the California Landlord-Tenant Booklet
Written Notices of termination

30-day or 60-day notice
A landlord who wants to terminate (end) a
month-to-month tenancy can do so by properly
serving a written 30-day or 60-day notice on
the tenant. Generally, a 30-day or 60-day notice
doesn’t have to state the landlord’s reason for
ending the tenancy. the 30-day or 60-day Notice
is discussed on pages 49–51, and proper service
of notices is discussed on page 71.
in some localities or circumstances, special
rules may apply to 30-day or 60-day notices:
• some rent control cities require “just cause”
for eviction, and the landlord’s notice must
state the reason for termination.
• subsidized housing programs may limit
allowable reasons for eviction, and may
require that the notice state one of these
reasons (see page 51–52).
• some reasons for eviction are unlawful. For
example, an eviction cannot be retaliatory or
discriminatory (see page 79).
• A landlord cannot evict a tenant for the reason
that the water heater needs to be braced to
protect against earthquake damage.280
How to respond to a 30-day or 60-day notice
suppose that the landlord has properly served
you with a 30-day or 60-day notice to terminate
the tenancy. during the 30-day or 60-day period,
you should either move out or try to make
arrangements with the landlord to stay. if you
want to continue to occupy the rental unit, ask
the landlord what you need to do to make that
possible. While a landlord is not required to state
a reason for giving a 30-day or 60-day notice,
most landlords do have a reason for terminating
a tenancy. if you want to stay, it’s helpful to know
what you can do to make your relationship with
the landlord a better one.
if your landlord agrees that you can continue
to occupy the rental unit, it’s important that your
agreement with the landlord be in writing. the
written agreement might be an attachment to
your lease or rental agreement that both the
landlord and you sign, or an exchange of letters
between you and the landlord that states the
details of your agreement. having the agreement
in writing ensures that you and your landlord are
clear about your future relationship.
if the landlord doesn’t agree to your staying,
you will have to move out. You should do so
by the end of the 30th or 60th day. take all of
your personal belongings with you, and leave
the rental property at least as clean as when
you rented it. this will help with the refund of
your security deposit (see “Refunds of security
deposits,” pages 53–65).
if you have haven’t moved at the end of the
30th or 60th day, you will be unlawfully occupying
the rental unit, and the landlord can file an
unlawful detainer (eviction) lawsuit to evict you.
if you believe that the landlord has acted
unlawfully in giving you a 30-day or 60-day notice,
or that you have a valid defense to an unlawful
detainer lawsuit, you should carefully weigh the
pros and cons of contesting the landlord’s likely
eviction lawsuit against you if you don’t move
out. As part of your decision-making process,
you may wish to consult with a lawyer, legal aid
organization, tenant-landlord program, or housing
clinic. (see “Getting help From a third party,”
pages 81–82.)
three-day notice
A landlord can use a written three-day notice
(eviction notice) if the tenant has done any of
the following:281
• Failed to pay the rent.
• Violated any provision of the lease or rental
agreement.0 or 60-day notice
A landlord who wants to terminate (end) a
month-to-month tenancy can do so by properly
serving a written 30-day or 60-day notice on
the tenant. Generally, a 30-day or 60-day notice
doesn’t have to state the landlord’s reason for
ending the tenancy. the 30-day or 60-day Notice
is discussed on pages 49–51, and proper service
of notices is discussed on page 71.
in some localities or circumstances, special
rules may apply to 30-day or 60-day notices:
• some rent control cities require “just cause”
for eviction, and the landlord’s notice must
state the reason for termination.
• subsidized housing programs may limit
allowable reasons for eviction, and may
require that the notice state one of these
reasons (see page 51–52).
• some reasons for eviction are unlawful. For
example, an eviction cannot be retaliatory or
discriminatory (see page 79).
• A landlord cannot evict a tenant for the reason
that the water heater needs to be braced to
protect against earthquake damage.280
How to respond to a 30-day or 60-day notice
suppose that the landlord has properly served
you with a 30-day or 60-day notice to terminate
the tenancy. during the 30-day or 60-day period,
you should either move out or try to make
arrangements with the landlord to stay. if you
want to continue to occupy the rental unit, ask
the landlord what you need to do to make that
possible. While a landlord is not required to state
a reason for giving a 30-day or 60-day notice,
most landlords do have a reason for terminating
a tenancy. if you want to stay, it’s helpful to know
what you can do to make your relationship with
the landlord a better one.
if your landlord agrees that you can continue
to occupy the rental unit, it’s important that your
agreement with the landlord be in writing. the
written agreement might be an attachment to
your lease or rental agreement that both the
landlord and you sign, or an exchange of letters
between you and the landlord that states the
details of your agreement. having the agreement
in writing ensures that you and your landlord are
clear about your future relationship.
if the landlord doesn’t agree to your staying,
you will have to move out. You should do so
by the end of the 30th or 60th day. take all of
your personal belongings with you, and leave
the rental property at least as clean as when
you rented it. this will help with the refund of
your security deposit (see “Refunds of security
deposits,” pages 53–65).
if you have haven’t moved at the end of the
30th or 60th day, you will be unlawfully occupying
the rental unit, and the landlord can file an
unlawful detainer (eviction) lawsuit to evict you.
if you believe that the landlord has acted
unlawfully in giving you a 30-day or 60-day notice,
or that you have a valid defense to an unlawful
detainer lawsuit, you should carefully weigh the
pros and cons of contesting the landlord’s likely
eviction lawsuit against you if you don’t move
out. As part of your decision-making process,
you may wish to consult with a lawyer, legal aid
organization, tenant-landlord program, or housing
clinic. (see “Getting help From a third party,”
pages 81–82.)
three-day notice
A landlord can use a written three-day notice
(eviction notice) if the tenant has done any of
the following:281
• Failed to pay the rent.
• Violated any provision of the lease or rental
agreement.

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