Skip to main content

How long does an LL have after 60 & 3-Day expires in order to file UD?

Sacramento, CA |

Month-to-month. Was served with a 60-day Notice to Terminate Tenancy for complaining to govt agency. Before it expired, was also served with a 3-Day Pay or Quit (LL refused my rent money twice even though I tried to pay a week in advance from the date when rent was due). 1) Both notices have expired (2 weeks), so how long do I have to wait before they serve me with the UD? 2) Is there a statute of limitations for them? 3) Should I go ahead with a civil case if they never file? 4) How long should I wait for them to file before going forward with a civil case? 5) I'll try to keep paying rent, but can they turn it into a non-payment even though the orginal 60-day notice was for something else? 6) What happens if they never file? What are my options? Thanks!

And please don't say "Just move out." I did not break the rental agreement in any way, so I'm not going anywhere but to court ... even if it is just for the principle of the thing. I know that LL's can't evict me without just cause and they have none; hence the 60-day for one thing then the 3-day pay or quit for an entirely different thing.

Attorney Answers 1

Posted

Since the UD action is based on statute, the landlord has three years to file the action. However, to collect rent based on a 3 day notice, the action must be filed and served within one year. Delays are unusual, as the Landlord typically wishes to regain possession of the unit to re-rent it. You should not anticipate a lengthy delay. If the 3 day notice is invalid because your rent was current, or if the landlord refused to accept your rent payment tendered within the 3 day period, you can offer this evidence in defense of a UD action. If a UD action is filed, you may raise a retaliatory eviction defense provided your rent is current or the landlord has wrongfully refused your rent payment. What is not cleaer fro you questions is what you wish to achieve. Do you want to sta where you are. If not, you can reach a move-out agreement with the landlord.

Mark as helpful

1 found this helpful

1 lawyer agrees

1 comment

Asker

Posted

Thank you so much, sir! As to your question, I just want to live where I chose to live in peace. I LOVE the location and the place itself, so I can agree to disagree with my LL so long as they obey the law. :-) Thanks again ... you have really helped me and put my mind at ease.

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics