Landlord Question and Answer Forum

Forum / State Landlord Tenant Law / summons/unlawful detainer-eviction
I am the tenant and have resided for over 4.5 years in the apartment. The first 3-day notice was flawed and a second one was handed to me 12/11/17. I received a 30 day notice to vacate, after the first 3-day notice. Aren't I entitled to a 60 day notice? John
john b, CA on Monday, December 18, 2017
RE: summons/unlawful detainer-eviction
You do not say what the 3-day notices were for, but I assume you are either not paying your rent or are paying consistently late. Also, you do not state the length of your tenancy. Since you have been there for over 4.5 years, I assume you are either in a month-to-month tenancy or your lease renews each year for a year. In cases that the periodic tenancy is less than one year, 30 days is all that's required unless your lease provides a different requirement. There are exceptions to that in certain rent-controlled jurisdictions or in certain circumstances. As a side note, though, your landlord is entitled to receive rent on time. The fact that you have, for all intents and purposes, received 3 notices now (two 3-day and one 30-day), you are violating your lease agreement for some unknown reason, and your landlord is entitled to get you out of the property due to those breaches.
Posted by Jacqueline O, TX on Thursday, December 21, 2017
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