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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?

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?

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Attorney answers 2

Best Answer
Posted

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.

Asker

Posted

Can a landlord still request past due rent on a 90-day termination notice UD?

Steven Christophe Williams

Steven Christophe Williams

Posted

In the unlawful detainer action, the landlord is entitled money damages in an amount equal to the rent. So for the period of time that the tenancy is terminated through the date of entry of judgment in the unlawful detainer action, the landlord could obtain a judgment for those money damages. So the short answer is yes, but it's not called "rent" because the tenancy has been terminated - instead, it's called "unlawful detainer damages."

Posted

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 create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents. My firm is All for the Family Legal Clinic, Inc. a nonprofit public benefit corporation that charges on a sliding scale based on income and family size. For a consultation contact us 510-999-7732 or at our website www.allforthefamilylegalclinic.org