I believe my landlord did not properly serve us with a 60-day Notice of Termination of Tenancy.

Question

I believe my landlord did not properly serve us with a 60-day Notice of Termination of Tenancy.

Anonymous Jun 21, 2013 3 views 2 answers

We've rented our house for 5 yrs. 2/13 we had some financial trouble, 3/13 we only paid half the rent. 4/5/13 our landlord put a 60-day Notice in our mailbox in an unaddressed, unstamped envelope with my husbands name on it only. We asked him if we sold our truck to pay him all the back rent, would that be enough to cancel the notice. He said he would as long as we paid on time for the next 2 months. But we didn't get it in writing, only verbal. We sold the truck on 4/18 and paid him in full for March and April plus late fees. We paid May and June rent on time and on 6/12 we got the 60-day Notice. Was the 60-day notice served correctly? Should we file a Motion to Quash Summons? All we want are the 60 days back to find a new place. Also, will the verbal agreement stand up in court?

Thomas Quinn · Answer 1 · 2026-06-15T10:43:43+00:00

Not enough information, but if all you are looking for is 60 days to get another home, then it would be prudent of him to negotiate an agreement with you whereby you voluntarily give up possession in 60 days in exchange for a stipulation for judgment for possession if you do not move out. In the meantime, you need to file an answer in the UD action or risk being defaulted.

James Eschen · Answer 2 · 2026-06-15T10:43:43+00:00

It sounds like both the 60-day notice and the unlawful-detainer complaint were served incorrectly. In addition, your agreement with the landlord is valid. Your only trouble is proving any of it, since you have no evidence beyond your own words.

I believe my landlord did not properly serve us with a 60-day Notice of Termination of Tenancy.

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