California. If a tenant of 3 years gives landlord a 30 day notice to vacate, and does not move on day 30, do you proceed directly to unlawful detainer?
or does landlord have to give some other notice?
It depends on whether or not the lease was up or going to be up when the tenant gave notice. If the lease is still in existence, and the tenant "thought" they could just give 30 days notice and found out they would be breaching the lease so changed their mind, they are still in the lease as long as they pay rent. If the lease was up and you have been on month to month, then tenant's notice is sufficient. However if they offer rent and you accept it, you need to then give your notice if you want to terminate.
Assuming the lease is up and tenants offer rent but you do not want to accept it, I would still give the 3 day notice "to move" prior to bringing an eviction action. (unlawful detainer).
The foregoing is for informational purposes only and may not be relied on as attorney-client advice.
Yes, the landlord can proceed directly with filing an unlawful detainer action without needing to provide any additional notice if the tenant who gave 30 days written notice does not move out upon expiration of the 30 days. See Code of Civil Procedure section 1161(5).
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
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