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Real Estate Law (esp. Landlord-Tenant)/3 Day Notice to Pay Rent or Quit Amount


In CA.  Sent 60 Day Notice to Terminate to tenant which would have them out on 15th.  On 17th they had not left and I, unfortunately, discovered my 60 Day may be invalid (don't believe tenants are aware of this yet).  Since they have failed to pay rent for the month (due on the 6th)I was hoping to serve them with a 3 Day Notice to Pay Rent or Quit along with another 60 Day Notice.  Should I be seeking the entire month's rent or the pro rated amount (because they did not know the 60 Day was invalid)?  Also, if I do go pro rated am I only allowed to go through the 15th or can I include the two holdover days?

Hi William,

If your 60 day was invalid, there is a good chance you will lose the case in court. The court may rule in favor of the tenant if the notice was invalid. Your safer bet is to serve a 3 day for the amount of unpaid rent that is due (probably the full month). If they pay, then great, collect your money and then give them a 60 day if they have lived in the house for a year or longer. But be careful of possible rent control laws, depending on your jurisdiction. You should consult a competent attorney. My firm represents landlords in Los Angeles and Ventura counties.

Thanks for your question.

David Piotrowski
Attorney at Law

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Real Estate Law (esp. Landlord-Tenant)

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David Piotrowski, Esq.


My landlord/tenant practice primarily assists California landlords with all aspects of the landlord/tenant relationship including leases, contract violations, non-payment of rent, and evictions. I can also advise, on a more general level, other real property issues.


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Juris Doctor (JD) and Member of the State Bar. Attorney.

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