If a tenant is served with a 90 day notice and it is now 120 days after the notice, does the landlord have to serve new notice?

Asked about 2 years ago - Hayward, CA

Section 8 tenant lease is up. Has not been paying her portion of the rent because it was increased. Landlord serve 90 day notice to terminate lease. Tenant does not move out and states he will pay so the landlord tries to work things out with tenant. Tenant does not pay and it is now 120 days since the notice. Does the landlord have to serve a new notice to terminate or is the 90 day notice still valid? Can the landlord serve a 3 day notice to pay or quit now if a new notice is needed?

Attorney answers (2)

  1. Steven Christophe Williams

    Contributor Level 8

    1

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    Answered . If you have give proper termination notice, then the tenancy and housing authority contract is terminated upon the expiration of the termination notice. Termination of Section 8 tenancies and housing contracts typically require 90 days notice, so you may have given proper notice. If this is the case, then no further notice is needed. The tenancy was terminated and an unlawful detainer action may be filed immediately.

    Please note that if you have been accepting or demanding rent payments or housing authority payments for any period of time after the expiration of the termination notice, then you may have waived the 90 day termination notice. If this is the case, then you may consider serving a 3-day notice to pay rent or quit.

  2. Pamela Janet Ross

    Contributor Level 12

    Answered . I agree that a timeline is needed to accurately answer your question. If you have accepted rent etc after the notice, then you need to file a new notice - probably a 3 day notice to pay or quit and then proceed with the unlawful detainer process if they still do not move.
    If they have not paid you any rent past the 90 day notice, then you should be able to proceed now with the UD based on your 90 day notice.

    This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not... more

Related Topics

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

Renting property

Rentals are houses, apartments, or similar where the resident pays the building's owner for the right to live there, usually under the terms of a written lease.

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