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Updated over 2 years ago,

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4
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Janeth Graziani
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4
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We can't file unlawful detainer because we served a 60 day notice

Janeth Graziani
Posted

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,

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