30 day AND 3day??

[kasper]

What is the name of your state? CA

I have served my tenants with a 30 day notice on July 10th. They made it clear that I would have to evict them and will not be paying rent. Since it's due on the 1st should I also do a 3 day notice to quit and then proceed with the eviction or just wait till the 10th and go with that and try to get back rent then. Thanks...

 

[CA LL]

This is tricky..so they don't plan to MOVE? Or just don't plan to pay rent for the 10 days.

Very important how you answer that as to what you should do.

Normally when you terminate a tenancy and then the tenant doesn't pay the last month or portion before they move I would say serve the 3-day for non payment.

BUT if they said they don't plan to move period...you might wish to file the UD after the 10th then go back after possession is received for a monetary judgment of unpaid rent through the period they do vacate instead.

If you serve a 3-day for non payment you can't serve it for anything beyond the 10 days because otherwise you will in effect invalidate your 30 day notice.

I assume they only lived there less than one year hence the 30 vs 60 day notice, is this correct?