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Eviction Notice Expiration California
Summary
A 3-day eviction notice in California typically does not expire, but landlords should file an Unlawful Detainer action promptly. Delays in filing can be questioned in court and may work in the tenants favor. COVID-19 protections may apply for rent due to pandemic-related hardships. New unpaid rent after the notice may require a new notice or be included in the Unlawful Detainer complaint. Tenants can argue that delays and additional rent accumulation are unfair. Consider consulting a tenant rights organization or attorney for guidance.Full Conversation
Hi. It's October *. I was given a 3 day notice for my apartments of 24 years on May * & they still haven't filed the Unlawful detainer with the court. Does the notice expire? Or will they have to re-serve me? Or could they wait til Christmas to file it if they want? Usually an eviction means they want you out. So why are they taking their time? She warned me in March, then served me in May & now it's October.
Hello C'Leste,
To provide accurate information, may I confirm if your *-day notice was for non-payment of rent or another lease violation?
Understanding this will help clarify the landlord's obligations and timelines under California law.
To provide accurate information, may I confirm if your *-day notice was for non-payment of rent or another lease violation?
Understanding this will help clarify the landlord's obligations and timelines under California law.
Yes for Covid debt. I was 4 months behind on regular rent. But was making * payments in March. She text me not to pay since it won't be enough against my Covid debt. But the declarations meant they couldn't evict us over that & could get it back via small claims court. I'm in Los Angeles & she kept saying that was a county protection & doesn't apply. But it's a State protection & Does apply. So I don't know if they are stalling bc she found out I was right. & At the time, they'd be evicting me over *-4mos rent (I had the * payments) & she knows I'd pay that. They tried to evict me when I was $14k behind and I paid it. So a few months behind is no problem
Hello C'Leste,
Given your situation, here are some key points about eviction notices and COVID-* tenant protection laws in California:
- **Eviction Notice Validity**: Typically, a *-day notice for non-payment of rent does not expire, but the landlord must proceed with filing an Unlawful Detainer action promptly.
- **COVID-* Protections**: California’s COVID-* Tenant Relief Act may protect you from eviction for unpaid rent due to COVID-* financial hardship.
- **Non-payment of Rent**: Unpaid rent due to COVID-* hardship between March *, *, and August *, *, cannot be the basis for eviction if you provided a declaration of COVID-*-related financial distress.
- **Small Claims Court**: Landlords can pursue unpaid rent through small claims court instead of eviction.
Would you like to know more about the specific protections under the California COVID-* Tenant Relief Act or how to respond to your landlord's actions?
Phone: (*) *-*
Address: * N Hill St, Los Angeles, CA *
Website: www.lacourt.org
Given your situation, here are some key points about eviction notices and COVID-* tenant protection laws in California:
- **Eviction Notice Validity**: Typically, a *-day notice for non-payment of rent does not expire, but the landlord must proceed with filing an Unlawful Detainer action promptly.
- **COVID-* Protections**: California’s COVID-* Tenant Relief Act may protect you from eviction for unpaid rent due to COVID-* financial hardship.
- **Non-payment of Rent**: Unpaid rent due to COVID-* hardship between March *, *, and August *, *, cannot be the basis for eviction if you provided a declaration of COVID-*-related financial distress.
- **Small Claims Court**: Landlords can pursue unpaid rent through small claims court instead of eviction.
Would you like to know more about the specific protections under the California COVID-* Tenant Relief Act or how to respond to your landlord's actions?
Los Angeles County Superior Court
Phone: (*) *-*
Address: * N Hill St, Los Angeles, CA *
Website: www.lacourt.org
This debt was from Dec * to March *.
Hello C'Leste,
Given your situation, here are some key points about the California COVID-* Tenant Relief Act post-*:
- **Eviction for Non-Payment**: Landlords must follow specific procedures for non-payment of rent due to COVID-* hardship.
- **Repayment Period**: You may still be protected by extended repayment periods for COVID-*-related debts.
Would you like more details on how to address your landlord's potential Unlawful Detainer action based on this timeline?
Given your situation, here are some key points about the California COVID-* Tenant Relief Act post-*:
- **Eviction for Non-Payment**: Landlords must follow specific procedures for non-payment of rent due to COVID-* hardship.
- **Repayment Period**: You may still be protected by extended repayment periods for COVID-*-related debts.
Would you like more details on how to address your landlord's potential Unlawful Detainer action based on this timeline?
I had until February to pay. & That's why they wanted to evict me in March. I had a payment plan with them. & They told me to make the * paym'ts by that Tues, or else. She text me that Monday & said not to pay. But also, why not let me make me * paym'ts sice I hadn't been served yet & they could still accept it. I even showed her pics of the money order with their name on it. I now owe * more months than what they asked for on the notice
Hello C'Leste,
To clarify and assist you better:
- **Payment Plans**: If you had a payment plan and were told not to pay, you might have grounds to contest the eviction.
- **Eviction Notices**: Landlords must follow specific procedures; they cannot refuse payments without proper cause.
- **COVID-* Protections**: These protections may still apply if you were financially impacted due to the pandemic.
Would you like guidance on how to contest the eviction based on your payment plan and the landlord's actions?
To clarify and assist you better:
- **Payment Plans**: If you had a payment plan and were told not to pay, you might have grounds to contest the eviction.
- **Eviction Notices**: Landlords must follow specific procedures; they cannot refuse payments without proper cause.
- **COVID-* Protections**: These protections may still apply if you were financially impacted due to the pandemic.
Would you like guidance on how to contest the eviction based on your payment plan and the landlord's actions?
I know they can refuse partial payments after I have been served. But why debt it beforehand? Either to be nice and let me keep my money to move or to screw me & make me look bad in front of the owner
Hello C'Leste,
Landlords may refuse partial payments before serving an eviction notice for several reasons, including:
- To maintain leverage for full payment.
- To avoid complicating the eviction process.
- Potentially to pressure tenants to move voluntarily.
Would you like guidance on how to address this with your landlord or prepare for potential legal actions?
Landlords may refuse partial payments before serving an eviction notice for several reasons, including:
- To maintain leverage for full payment.
- To avoid complicating the eviction process.
- Potentially to pressure tenants to move voluntarily.
Would you like guidance on how to address this with your landlord or prepare for potential legal actions?
She did say I could turn in my keys in April to avoid eviction. But she also said in March that she would talk to the owner the following day & get back to me & I never hear from her, despite my emailing her in April & May
Hello C'Leste,
It seems like your landlord has been inconsistent and unclear in their communication. Here are some steps you can consider:
- **Document Everything**: Keep records of all communications, including texts, emails, and notices.
- **Legal Advice**: Consult a local tenant rights organization or attorney for specific guidance.
- **Contact Authorities**: You can contact the Los Angeles Housing Department for assistance.
Would you like more details on how to document your case effectively or contact local tenant resources?
It seems like your landlord has been inconsistent and unclear in their communication. Here are some steps you can consider:
- **Document Everything**: Keep records of all communications, including texts, emails, and notices.
- **Legal Advice**: Consult a local tenant rights organization or attorney for specific guidance.
- **Contact Authorities**: You can contact the Los Angeles Housing Department for assistance.
Would you like more details on how to document your case effectively or contact local tenant resources?
I know how to keep records & have tons of resources for eviction. But I haven't been evicted, yet. And why I'm just in limbo. For * mos, since March! It's been extremely stressful not know. I've lived here 24years. The owner just bought the building 6yrs ago.
Hello C'Leste,
It sounds like a very stressful situation. Here are some key points to consider:
- **Eviction Notice Validity**: Typically, a *-day notice for non-payment doesn't expire, but prompt Unlawful Detainer action is required.
- **Communication**: Consistent follow-ups and documentation are crucial.
- **Legal Advice**: Consider consulting a tenant rights organization or attorney.
Would you like more information on how to handle the stress or further steps to take?
It sounds like a very stressful situation. Here are some key points to consider:
- **Eviction Notice Validity**: Typically, a *-day notice for non-payment doesn't expire, but prompt Unlawful Detainer action is required.
- **Communication**: Consistent follow-ups and documentation are crucial.
- **Legal Advice**: Consider consulting a tenant rights organization or attorney.
Would you like more information on how to handle the stress or further steps to take?
What do you mean by prompt UD action is required? Will the judge question the date & what took them so Long? & Could work in my favor
Hello C'Leste,
By "prompt UD action," I mean the landlord should file the Unlawful Detainer (eviction lawsuit) soon after serving the *-day notice. If they delay excessively, you might raise this as a defense. The judge could question the delay, potentially benefiting you.
Would you like more details on how to use this in your defense?
By "prompt UD action," I mean the landlord should file the Unlawful Detainer (eviction lawsuit) soon after serving the *-day notice. If they delay excessively, you might raise this as a defense. The judge could question the delay, potentially benefiting you.
Would you like more details on how to use this in your defense?
I know what prompt means. I meant how is it "required" how do they enforce that or imply or needs to happen swiftly & what happens if they don't meet the requirement
Hello C'Leste,
I understand your concern. Here is how it generally works:
- **Prompt Filing Requirement**: While "prompt" isn't strictly defined, landlords are expected to file the Unlawful Detainer soon after the *-day notice.
- **Enforcement**: If they delay, you can argue this in court as a defense.
- **Judge's Role**: The judge may question the delay, which could work in your favor.
Would you like more information on how to present this defense effectively in court?
I understand your concern. Here is how it generally works:
- **Prompt Filing Requirement**: While "prompt" isn't strictly defined, landlords are expected to file the Unlawful Detainer soon after the *-day notice.
- **Enforcement**: If they delay, you can argue this in court as a defense.
- **Judge's Role**: The judge may question the delay, which could work in your favor.
Would you like more information on how to present this defense effectively in court?
What about the 5 months since May not includes on the notice?
Hello C'Leste,
In California, here are some key points regarding the additional 5 months:
- **Eviction Notice**: The *-day notice should specify the amount due at the time of service.
- **Additional Rent**: Any new unpaid rent after the notice may require a new notice or be included in the Unlawful Detainer complaint.
Would you like more information on how to address this specific issue in your defense?
In California, here are some key points regarding the additional 5 months:
- **Eviction Notice**: The *-day notice should specify the amount due at the time of service.
- **Additional Rent**: Any new unpaid rent after the notice may require a new notice or be included in the Unlawful Detainer complaint.
Would you like more information on how to address this specific issue in your defense?
Can they just added it on? Bc I think they should have to reissue a new notice for that amount
Hello C'Leste,
In California, here are key points regarding adding new unpaid rent to an eviction case:
- **Original Notice**: The *-day notice should specify the amount due at the time of service.
- **New Rent**: Typically, new unpaid rent requires a new notice or must be included in the Unlawful Detainer complaint.
Would you like more details on how to address this in your defense?
In California, here are key points regarding adding new unpaid rent to an eviction case:
- **Original Notice**: The *-day notice should specify the amount due at the time of service.
- **New Rent**: Typically, new unpaid rent requires a new notice or must be included in the Unlawful Detainer complaint.
Would you like more details on how to address this in your defense?
How's that fair? It can say I owe $5k as of then, but delay it & wait til I owe $10k & just added it whenever they feel like doing this?
Hello C'Leste,
I understand your frustration. In your situation:
- **Original Notice**: The *-day notice must specify the amount due at the time of service.
- **New Rent**: New unpaid rent typically requires a new notice or must be included in the Unlawful Detainer complaint.
- **Fairness**: You can argue in court that the delay and accumulation of additional rent are unfair and that a new notice should be issued.
Would you like more information on how to prepare for this argument in court?
I understand your frustration. In your situation:
- **Original Notice**: The *-day notice must specify the amount due at the time of service.
- **New Rent**: New unpaid rent typically requires a new notice or must be included in the Unlawful Detainer complaint.
- **Fairness**: You can argue in court that the delay and accumulation of additional rent are unfair and that a new notice should be issued.
Would you like more information on how to prepare for this argument in court?
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