DHI Cherry Glen Associates, L.People v. Gutierrez (2020)

Citation: DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
Parent Document: DHI Cherry Glen Associates, L.People v. Gutierrez (2020)
Jurisdiction: California (state)
Effective Date: 2020-03-16
Original Source: https://www.courtlistener.com/opinion/4736378/dhi-cherry-glen-associates-lpeo... ↗

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The landlord of a HUD property must serve a 10-day notice of eviction (instead of a 3-
day notice to pay rent or quit) on a tenant prior to initiating a legal action for unlawful detainer.
(Code Civ. Proc., § 1161; Form Complaint, Exhs. 1 & 2.) A 10-day notice to pay rent, like a 3-
day notice to pay rent or quit, is a notice of eviction under Code of Civil Procedure section 1161
and 24 Code of Federal Regulations part 5.2005. As a notice of eviction, the 10-day notice to
pay rent or quit served by a covered housing provider must include the VAWA notices. (24
C.F.R. § 5.2005(a)(2)(iii) (2016).) The notice served on appellant in this case did not include the
VAWA notices as required by law and therefore, cannot support an action for unlawful detainer.
(Code Civ. Proc., § 1161, 24 C.F.R., § 5.2005(a)(2)(iii) (2016), Form Complaint, Exhs. 1 & 2.)
       24 Code of Federal Regulations part 5.2005(d)(2) does not save respondent’s unlawful
detainer action from the strict notice requirements provided by statute. 24 Code of Federal
Regulations part 5.2005(d)(2) does not refer to or abridge the notice requirement contained in 24
Code of Federal Regulations, part 5.2005(a)(2)(iii). All subdivision (d)(2) states is that the
section does not prevent or limit a covered housing provider’s ability to evict a tenant or
terminate a tenant’s assistance not premised on an action of domestic violence, etc. (24 C.F.R. §
5.2005(d)(2) (2016).)

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