Can a 3 day quit or pay notice be served after a 60 day notice?

UPDATED: Feb 10, 2012

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Can a 3 day quit or pay notice be served after a 60 day notice?

We received a notice of trustees sale posted on our front door, elected not to pay rent as the trustees sale is slated for the 28th of the month. Landlord served us with a 60 day eviction notice and then 2 days later served us with a 3 day quit or pay ( on the 10th of the month ). Where do I stand from a legal point? She still has my security deposit which she acknowledged in the the 60 day eviction notice that states it can be used for any back rent owed.

Asked on February 10, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

With respect to your question, the 3 day notice to pay or quit can be served upon you by your landlord after the 60 day notice to vacate was served upon you. What has happened is that the landlord wanted you out in 60 days and when you apparently had not paid due rent, the landlord decided to give you an opportunity to pay what is owed in the 3 day time period or be subject to an unlawful detainer action of the amount is not paid in the demanded time period.

Either you pay in the 3 days or you will be subject to an unlawful detainer action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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