All Forum Posts by: Janeth Graziani
Janeth Graziani has started 3 posts and replied 4 times.
Post: We can't file unlawful detainer because we served a 60 day notice
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Quote from @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.
Exactly why I am so confused. Would you happen to have recommendations for eviction attorneys in California?
Post: We can't file unlawful detainer because we served a 60 day notice
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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,
Post: What is the proper way to terminate a lease in California?
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Hello,
My husband and I have decided not to renew our tenants lease for a third year. Their lease is up this September 2022. What is the proper way to notify them? I have been researching online and I believe the requirement is a 60 day notice? Is this correct? What is the best way to serve the notice.
Any other tips would be great.
Thank you,
Post: Issues Serving Notice to Comply or Quit for Non-Compliance
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Hello,
My husband and are having our first issue with tenants not paying rent. The rent is strictly due on the 1st of the month. They have been late for three months in a row including this one and we are concerned that they may not pay the full amount this time.
We would like to serve the three-day Notice to Comply or Quit for Non-Compliance, but my husband and I live in San Diego and they are in Wheatland,CA. It's difficult for us to take time off to drive or fly to deliver the Notice. What would be the best way to proceed as most online sites advise to serve the notice personally? And if we mail it how do we properly collect a certificate of service that will provide proof in court that we delivered the notice on time.
Can we hire someone to legally serve the Notice? What are those fees typically? Any referrals or advice on this topic would be awesome. Thank you so much,
Janeth