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Can a LL serve me with a 3-day notice to pay or quit during a 60-day, when they refused my rent payment in the first place?

Sacramento, CA |

LL served me with a 60-day cause I called the cops on their maintenance guy who was trying to get in without permission (no notice, no emergency). The 60-day hasn't expired yet. Tried to pay May rent, they sent back the check and said I need to pay the pro-rated amount, but I'm not moving out. I tried paying again, and they threatened if I don't pay the pro-rated amount that they will have to serve me with a 3-day pay or quit notice. Can they serve me with a 3-day while the 60-day hasn't been dealt with yet? And they shut off my auto-pay they offer to all the tenants. Can they do that? Isn't that a reduction of services so retaliatoin?

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Attorney answers 1


Your landlord seems determined to have you move out. He can do most of the things that he is doing.

You must pay your rent through the 60 day period. They have the right to reject your rent if it would be more than what is required under the 60 day period, because if they accepted more, that would invalidate the notice.

If you fail to pay the rent as required, they can then issue you a 3-day notice.

Are you sure they are evicting you only because of the phone call? It would be hard to prove that. I am not sure what else is going on, but if your unit is not rent-controlled protected, a landlord can give notice to you anytime. 60 days is required if you have been there more than one year.

Do you have any other legal reason or defense to the 60 day? I would have a talk with the landlord if you can and see if yoiu can work things out. Otherwise I think you should start thinking about moving. You don't want a UD action and if you lose, it would be on your record for 10 years. That could affect your credit and ability to find new housing, buying a house or investment property, or other things tha you would need good credit for.

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.