Legal Question in Landlord & Tenant Law in California
on three day pay or quit notice on the amount due does it have to tell what pay period its from or how they came up with the amount?
2 Answers from Attorneys
It must be the amount of rent due, owing and unpaid on the date of the notice. Nothing more or less. No late charges, no damages, nothing but the rent owed. A tenant can be sued in small claims court for unpaid fees, damages, etc., even if they pay the rent owed within the three days, or those amounts can be added into the amount claimed as damages in the eviction lawsuit if the rent is not paid after the 3-day notice, but the eviction lawsuit can only legally be started if RENT is unpaid. So that is why only the unpaid rent is included in the 3-day notice.
There is no requirement that the amount be explained. The statute states that they simply need to give an exact amount that needs to be paid. If the amount overstates the rent due, it is a defense to an eviction. Understatements are not a defense.
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