Is it legal for a landlord to file an unlawful detainer the same day a 3-day notice was served?

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Is it legal for a landlord to file an unlawful detainer the same day a 3-day notice was served?

Asked on June 13, 2015 under Real Estate Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The landlord cannot file the complaint (lawsuit) in the unlawful detainer case until after the period of time in the three day notice has expired.

California Civil Code Section 790 says the landlord may not proceed under law to recover possession  until the period specified by the notice has expired.

 


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