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socrateaser
socrateaser, Lawyer
Category: Family Law
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Experience:  Retired (mostly)
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Socrateaser: Termination of lease contract 30 or 60 day. The

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Socrateaser: Termination of lease contract 30 or 60 day.
The landlord only sent a 30-day notice the firts time. I wrote a letter to him stating that the lease entitles me to 60-days notice and that the first 30-day notice is null and void.

He came back now with another 30 -day notice claiming that this notice satisfies the 60 day requirement. Is that true?

1. Shouldn't he serve me a brand new 60-day notice?

You said the lease states 60-day notice, then you can ignore the 30-day notice, because the lease entitles you to 60-days notice.

2. He is playing games and wont fix a TV cable problem - is there a legal requirement to fix these type of things within x days/hours? What's statute?

Thanks,
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.
Because of the summary character of unlawful detainer proceedings, the UD statutes are strictly interpreted and applied. Landlords who fail to follow the statutory prerequisites are likely to find their cases dismissed and may be deemed to have forfeited the preexisting right to evict. WDT-Winchester v. Nilsson (1994) 27 CA4th 516, 520, 32 CR2d 511, 516; Baugh v. Consumers Assocs., Ltd. (1996) 241 CA2d 672, 674–675, 50 CR 822, 823–824.

There is no case law of which I'm aware that would permit a landlord to "tack on" a second notice of termination to the first notice, which is already defective, because if the first notice is defective, then it does not provide any notice of termination.

Given the requirement of strict construction, however, I do not see how the court would not dismiss the case for lack of effective notice.

Hope this helps.
Customer: replied 1 year ago.

Whats UD


2. Has he forefeited his right to evict?


3. Do I write a letter and file with the police to avoid any of his eviction action promised in his 2nd notice?


Thanks

Expert:  socrateaser replied 1 year ago.
UD means, "unlawful detainer," which is the legal terminology for a civil action to recover possession of real property (i.e., an tenant eviction).

2. Has he forfeited his right to evict?


A: In my opinion, yes. However, case law on point is thin, other than that the general requirements of the UD statutes are to be strictly construed/interpreted.

In Vatuone v. Cannobio, 4 Cal. App. 422 (Cal. App. 1906), the Court of Appeals stated that multiple notices must be read together. This case is not necessarily binding precedent, because it is not issued by the California Supreme Court. Assuming that this applies to your existing two notices, then if the second notice states that it is intended to increase the first notice to 60 days, then that may be valid notice. But, if the notice merely states that you have 30 days notice, commencing on a certain date, then that, in my view, would be invalid notice, because you are entitled to 60-day notice, and it is not possible for you to determine from the face of the notice, that the second notice is intended to increase the duration of the first notice.

BotXXXXX XXXXXne, the issue is arguable, and the general rule is that strict construction of the UD statutes is required (which was not true in 1906, when the Vatuone case was decided). Strict construction would require that each notice must be valid on its face -- and thus far, you have not received a 60-day notice.

3. Do I write a letter and file with the police to avoid any of his eviction action promised in his 2nd notice?

A: You cannot be evicted without court action. If you do not vacate by the notice date, then the landlord must file an unlawful detainer action with the court and serve a summons and complaint on you. Then, you have 5 days to answer the complaint. Then, the court sets the matter for trial in 20 days. Then you have a trial (by jury). Only after all that does the court decide whether or not you are to be evicted. Assuming that the landlord wins, you are entitled to another 5 days notice to vacate from the sheriff before you can be forcibly removed. So, from the date that the 60-day notice expires, if you do not vacate, it still requires at least 30 days to remove you from the property.

Hope this helps.
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34816
Experience: Retired (mostly)
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