Legal Question in Civil Litigation in California

7 seven yr resident on a yr to yr lease! my mother & i were on lease together from 5/05 until she passed in 5/09 of terminal cancer. 1 month after her passing i was given a 3 day notice on a pass due amt. for $2400.00 along with a lease name change to me exclusively! My mother always paid the rent/housebills, i just gave her my check! Unaware of this i researched & found a ledger my mother created dated 11/08 with various rent recpt. datingback to 2006/07/08! $1200.00 was circled with a note (missing 2 receipts, ask ruben (lanlord) for copies? so for 4 yrs the lanlord never brought this to my attention or my mothers! I cared for her 24/7 excluseively the last 12 months of her life. I told lanlord he would have to show me documentation & we would go from there he stated that he & my mom had & that she was wrong that is was $2400.00 not $1200.00 still no proof but if i am late for rent they always use this as a scare tactic! is there a statue & since my mother & lanlord had this supposed secret & i knew nothing about it from them until she was gone? what can i do!

Asked on 1/22/11, 4:45 pm

Anthony Roach Law Office of Anthony A. Roach

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Sorry for the delay in answering this. 188 Lawguru posts were released in the space of four (4) hours and it is taking lawyers days to catch up.

A three day pay or quit notice cannot be based on rent that was due more than one year prior to the notice. That discussion is here:

http://www.courtinfo.ca.gov/selfhelp/other/landtenqa-land8.htm

The specific statutory authority for that rule is Code of Civil Procedure section 1161(2)

Answered on 1/28/11, 7:58 pm

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