Q: I have a tenant in the Bay Area Ca that was given a 60 day notice to term the month to month home lease.
Since giving tenant notice, they have not paid months rent & gave me less than 30 day notice of them terminating the agreement. Can I serve them with 3day notice to pay or quit?
A:
In the Bay Area, California, if a tenant is on a month-to-month lease and has been given a 60-day notice to terminate the tenancy, the tenant is still obligated to pay rent during those 60 days. If the tenant fails to pay rent during this period, you can serve them with a 3-day notice to pay or quit.
However, there are a few things to consider:
1. If the tenant has given you a 30-day notice to vacate after receiving your 60-day notice, they are only obligated to pay rent for the next 30 days, not the full 60 days.
2. Due to the COVID-19 pandemic, there may be local or state emergency ordinances in place that provide additional protections for tenants. You should check with your local jurisdiction to ensure compliance with any such ordinances.
3. If you serve a 3-day notice to pay or quit, and the tenant fails to comply, you may need to file an eviction lawsuit (called an "unlawful detainer" in California). Keep in mind that the eviction process can be lengthy and costly, especially during the pandemic.
It is always best to consult with a local landlord-tenant attorney to discuss your specific situation and to ensure that you are following the proper legal procedures in your jurisdiction.
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