Received unlawful detainer before 60 day notice is up

[Timmiemf]

What is the name of your state (only U.S. law)? California

This morning I was served with an unlawful detainer. I had already been served with a 60 day notice to surrender the property, and that does not expire until 11/09/2011. Is this legal?

 

[sandyclaus]

What is the name of your state (only U.S. law)? California

This morning I was served with an unlawful detainer. I had already been served with a 60 day notice to surrender the property, and that does not expire until 11/09/2011. Is this legal?

Under normal circumstances, no. The unlawful detainer should be rejected (with a proper response) because the LL's filing of the unlawful detainer action was premature.

Were you served with any other notices after the 60-day notice and before the UD was filed/served upon you? Even with a 60-day notice pending, that would not preclude LL from serving you with a 3-day notice to pay or quit if you failed to pay your rent. If that happened, and the 3 days passed without LL receiving proper payment, then it would be well within his rights to file the UD on that basis.

 

[CourtClerk]

Look on the complaint (page 2) and see when the plaintiff is claiming they served the notice and when they claim it expires.

Type that information here.