"if pay my back rent can the landlord still give me a 30 day notice to vacate or does he have to give me a 60

Question

"if i pay my back rent (3 mo's behind) can the landlord still give me a 30 day notice to vacate or does he have to give me a 60 day notice" in california

Answer 1

In Calif., your notice to vacate depends on how long you have lived in the unit.  Less than a year, 30 days.  More than a year, 60.  Considering you are 3 month behind, I'm surprised that your landlord has not issued you a 3 DAY notice to vacate...which is perfectly legal in Calif.

Answer 2

That depends on how your lease is worded. Read it carefully and see. You two may be able to find common ground. Good Luck.

Answer 3

If you pay the rent current, under California law, he has no excuse for evicting you.

Until you are current on your rent payments, he can give you a 3 days to pay the rent or vacate the premises.  If you do not leave within the three days (or pay the rent), he can proceed to file an unlawful detainer against you to evict you.  You will probably be liable not only for the past rent but also for attorney's fees and costs of bringing the suit to evict you.

Answer 4

Read your lease. Depends on what it says. Generally though, after you're that far behind, they can evict you even if you catch up the rent.

Answer 5

30 days is the law .. and 3 months behind i would kick ur butt out a while ago.. u don't have money neither does he.. landlords need to pay there bills too.. and besides getting a bad refrence for the next time u are renting.. how about i don't pay u for 3 months and that might be ur only paycheck coming in.. u would be miffed too.

Answer 6

I've read several times on Yahoo that in CA it's 60 days. You need to check the landlord/tenant laws for CA. I am a landlord and you wouldn't have been in my rental 3 months without paying rent. When my tenants don't pay, I have a hard time meeting my expenses. In PA you could receive a 3 day pay or quit notice.

Answer 7

You broke the lease.  So you can be evicted.

Answer 8

Whatever your lease says. Your lease is a binding contract - it will have a clause in there about being evicted. If it says 30 days, then it's 30 days.

Even then, he can sue you for back rent - or just keep your deposit, last month rent, etc.