I served my tenant at will a 30 days notices last year and unfortunately, I didn't do anything. Now I'm ready to work on it again. Do I need to give another notice or will that one work?
Answer
Code of Civil Procedure section 1162, subdivision (2) contains a one year limitation period, but that applies to a time period to bring an unlawful detainer action for nonpayment of rent after a three (3) day notice. I suggest that you be on the safe side and serve a new 30 day notice, and file any required unlawful detainer based on the new notice. A court may interpret your failure to bring an unlawful detainer in the past as a waiver of the original notice.
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