3 day notices
I received a 3 day pay or quit from my landlord and it has a total of $1550 and the days are not broken up it just says that i owe $1550.00 from April 15 2005 to June 10 2005 shouldn’t the amount and dates be broken up? from month to month and the amount for that month I owe?
Re: 3 day notices
No. The service and contents of the three-day notice are governed by Code of Civil Procedure section 1161. The section states only that the three-day notice must contain “the amount of rent which is due, the name, telephone number, and address of the person to whom the rent payment shall be made, an if payment may be made personally, the usual days and hours that person will be available to receive payment.”
It is my understanding that some judges require that the landords state for which period the sums are due, but that may be local rule or custom. If you doubt the validity of the notice, I suggest you take it to a local attorney who may be familiar with the local rules, for a complete assessment of your situation.
Unless there is a local rent control ordinance that mandates it, as a matter of state law, it is not necessary that the amounts be allocated to specific time periods. But the amount must be correct. If you can prove that the amount demanded is incorrect, you may be able to successfully defeat an unlawful detainer action.
J. Spikes
Property Law Center
870 Market Street
San Francisco, CA 94102