We can't file unlawful detainer because we served a 60 day notice

[Janeth Graziani]

Hello Bigger pockets fam! 

We were just told that we can't proceed with the Unlawful detainer process because we served our tenants a 60 days notice of termination of tenancy.

On June 26 2022 our tenants received a 60 day notice of termination of tenancy. We were advised to serve them this 60 day notice if we were NOT renewing their lease because they have been living  their for over a year.  They received that notice and decided not to pay Julys rent. 

On July 11th we served them a 3 days notice to pay or quit because they haven't payed July's rent. We were just informed by a certified unlawful detainer assistant that we shouldn't have filed the 3 day notice to pay or quit. We can't legally revoke the 60 days notice. It's apparently how the state of California protects tenants. We can't evict them until the 60 days are over. Is this correct? 

Any advise would be helpful.

Thank you,

[Nathan Gesner]

What you're saying doesn't make sense, but nothing in California makes sense. If you give tenants a 60-day, they are still obligated to pay rent during that 60-day period. If they fail to pay, they should be subject to eviction. However, it's California.

I recommend you find a good eviction attorney quickly. They will be able to answer this question during your free 30-minute consultation and you'll know whether you should move forward or not.