Legal Question in Landlord & Tenant Law in California

Fatally Flawed 3-Day Pay or Quit Notice

On 11/13 my landlady served me with a 3-Day Pay or Quit Notice that states I owe a total of $7,400 for ''Sep/Oct/Nov''. I have been renting this property for five years, and she did not specify what year I supposedly ran up this debt. I do not owe her this money and can prove it for Sep/Oct/Nov 2008, 2007, 2006 and 2005, but I don't have records for 2004 because I paid cash for the last five months of that year, and she would not sign receipts. I did miss one month's rent in Nov 2004, but that's a total of $3,000 and she took it out of my initial deposit of $6,000 rather than evict me. She also put a fraudulent address on the Pay or Quit for where I am supposed to pay the money, and she did not include the hours she will be available. I know she can't win an eviction in California with a fatally flawed P-or-Q notice -- but can she just toss that one out and serve me with a different, correct one without ever going through the Unlawful Detainer process based on the flawed one she served me on 11/13?


Asked on 11/18/08, 5:17 pm

1 Answer from Attorneys
Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: Fatally Flawed 3-Day Pay or Quit Notice

Yes, the three day notice to pay rent or quit can be unilaterally withdrawn before the landlord acts upon the defective notice by filing an unlawful detainer.

Please also note that rent can only be demanded back one year in a three day notice to pay rent or quit that is used for an unlawful detainer action.

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Answered on 11/18/08, 7:18 pm


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