Code of civil procedure 1161
Quote by Myron Moskovitz: “Code of Civil Procedure §1161(2) prevents the l...”
California Code of Civil Procedure 1161(2): Eviction for Non-Payment of Rent
CCP 3 , formally known as California Code of Civil Procedure 3 , is the code section that says that a tenant can be evicted if the tenant is violating a term of the lease or rental agreement. If the tenant fixes the violated outlined in the 3 day notice to cure or quit within 3 days of being served with the notice, then the landlord could not proceed with the eviction case. Within three days after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or his or her subtenant, demanding the performance of the violated conditions or covenants of the lease. A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of his or her unlawful detention of the premises underlet to him or her or held by him or her. In simple terms, what CCP 3 is saying is that if a tenant violates a term of the rental agreement for example, assigning or subleasing when the rental agreement forbids this, smoking when the rental agreement says no smoking, maintaining pets when the rental agreement has a no pets policy, etc. But if the tenant cures the violations within the 3 day period, then the landlord may NOT proceed with the eviction case.
When a tenant receives a 3 day notice to pay rent or quit in California , the underlying law that supports the 3 day notice is California Code of Civil Procedure 2. CCP 2 states that a tenant is guilty of unlawful detainer :. The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of his or her landlord, if applicable, he or she shall be deemed to be holding by permission of the landlord or successor in estate of his or her landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year. This quote from CCP 2 is a lot to comprehend but basically means that if a California tenant is behind in the rent, the landlord has the legal right to serve a 3 day notice to pay rent or quit on the tenant.
This Quote Is From
This notice shall not be required if any of the following apply:. The attached notice means that your home was recently sold in foreclosure and the new owner plans to evict you. You should talk to a lawyer NOW to see what your rights are.
Sign in with Facebook Sign in options. Join Goodreads. An argument could also be made on the ground of laches that it is inequitable for a landlord to wait a full year before demanding overdue rent. That argument was successfully made in Maxwell v Simons Civ Ct NYS2d , which held that it was unconscionable for a landlord to permit the tenant to fall more than 3 months behind in rent before bringing an unlawful detainer action based on the total arrearage. New York law required the tenant to pay the arrearage within 5 days or return possession. The court held that the landlord could base his eviction action only on the last 3 months' nonpayment of rent and would have to recover the balance in an ordinary action for rent.