vcenter, Home Owner in Torrance, CA

If your rent is due the 1st of each month, can you be served a Notice to Quit dated the 5th?

Asked by vcenter, Torrance, CA Thu Sep 6, 2012

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Stephanie Hart’s answer
The lease should state all terms. I have had experiences where clients/landlords give a Notice to Pay or Quit that early. But it is usually when a tenant flat out says he will not be paying. I believe that most often they can be served anytime after the rent is due (not the day of). Here is a link that gives more information... tells you how to see if the form is filled out correctly, etc. I would suggest you talk to an attorney if you plan on staying/do not want a judgment/unlawful detainer on your record.
Stephanie Hart
Forecast Realty, Inc.
CA DRE 01338444
0 votes Thank Flag Link Fri Sep 7, 2012
Thank you for responding. This is not a PAY or quit; my son had already paid his rent. That's why they waited until the 5th which is the grace period. They waited until they got the rent and then served the notice.
Flag Fri Sep 7, 2012
California Dept of Consumer Affairs has some good information to read.

Yes, consulting with an attorney is good. If you can't afford one, sometimes there are advocacy groups that will help.

The lease tends to state how many days grace period you have, which applies to when the landlord can assess a penalty. But a Notice to Pay or Quit can be issued for a variety of reasons listed in the above article.

But the best solution tends to be to talk to your landlord and pay your rent. If you are a good tenant, then the landlord should be happy to keep you there.
0 votes Thank Flag Link Thu Sep 6, 2012
It depends on your lease/rent agreement.
Consult an attorney
Web Reference:
0 votes Thank Flag Link Thu Sep 6, 2012
Hi VCenter,
The answer would be conditional to the content of your lease. I presume you are month to month with no lease. Review the documentation you received when you moved in to determine what the grace period if any is. Old Torrance doesn't have rent control in place. If after reviewing your documents you are still in the dark or want to dispute the landlord's actions you should consult with an attorney.
Wishing you luck.
0 votes Thank Flag Link Thu Sep 6, 2012
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