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I received a 60 day notice to vacate a month-to-month tenancy, I then received a 3 day notice both are failure to pay rent.

Sacramento, CA |

If served with a 60 day notice does the landlord have to give a 3 day notice as well? Since I received both, which takes priority? I was served the 3 day notice on the 60th day.

The amount of money due on the 60 day is wrong. The 3 day notice fails to state the dates for which is past due. Does this make the notices defective?

Its a month to month tenancy!

Attorney Answers 4

  1. The 60-day notice would be the appropriate notice for a tenant who is not in default. The 3-day notice is for a tenant who is in default and used in anticipation of an eviction. I think the landlord is covering all of the bases. Defective notice could be challenged in court if you wish to take it that far.

  2. Did you fail to vacate after 60 days? It sounds like there may be some defects with the notice but the three day does not necessarily invalidate the 60 day notice, which it sounds like the 60 days have elapsed and you are potentially holding over and could end up in an unlawful detainer anyway. Good luck

    These answers are not intended nor shall it be deemed to be the rendering of legal advise, they are given based on the information provided which is insufficient to give meaningful advise. These answers shall not be construed as part of the creation of an attorney-client relationship, nor shall it impose an obligation on the part of the attorney to respond to further inquiry. The Questioner has responsibility of obtaining legal advise from an attorney and is urged to do so.

  3. I agree with the attorney above. I would like to know if the unit is under rent control. If so, the landlord cannot usually evict you for no cause. Cause would include non-payment of rent.

    If the unit is not under rent control and you have lived there for more than a year, the landlord can evict you for no reason by giving you a 60 day notice. You still must pay rent on time.

    If you are late on the rent, during the 60 day period, or anytime after, you will then be given the 3 day notice. The landlord could have just filed an eviction after the 60 days if you had failed to move out, so I am not sure why you get a 3 day notice.

    Most courts insist that the 3 day notice must be absolutely correct. The 60 day notice not so much, but you should go to court if you think the notices and amounts are wrong.

    The better way to handle this is to try to avoid court and work something out with your landlord.

    Why are you being evicted? It is better to try to mediate the situation. You might want to talk to an attorney about your options, but if the property is not under rent control, you probably will have to to move.

    This is general legal advice intended for informational purposes only and does not create and attorney/client relationship. If you wish further advice, please contact an attorney of your own choosing or you may contact me for further advice and make other arrangements including retaining my services.

  4. A landlord gave you a three-day notice on the 60th day may have waived the 60-day notice. The 60-day notice says you must leave, whereas the 3-day notice says pay and you can stay, at least for another couple of months.

    Landlords can give three-day and 60-day notices at the same time, but not so that they are logically inconsistent.

    A three-day notice need not state the dates for which the money is due. But if it asks for rent that is more than a year old, it is defective.

    I am not sure why the landlord demanded rent in the 60-day notice.

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