Legal Question in Landlord & Tenant Law in California
Our landlord served us with a 3 day notice to "pay or quit" claiming she had not received the rent. However that is not the issue as we can prove the rent was paid.
The issue is that at the bottom of the notice she included the following (in very tiny print):
Sec 594 of the penal code of California
"Every person who maliciously injures, or destroys any real property not his own...is guilty of vandalism" (a Felony or Misdemeanor)
Why she added this we have no idea but feel she is threatening or accusing us of something, which she has no basis to do. The statement she added has nothing to do with the 3 day notice and it feels like she is harrassing us.
Any feed back is appreciated.
Thank you.
2 Answers from Attorneys
I suspect that either she used a form and didn't know what she was doing, or she just wanted to warn you that if you choose to destroy the place before you move, you could face penalties.
As for the rent, you should contact her and provide her with a copy of the front and back of the payment immediately -- i.e. before the 3-day notice expires.
Mr. Cohen is correct. I think you are over reacting. Many ex-tenants upon getting a three day notice stop taking care of the unit and a significant enough actually deliberately cause physical damage. Since the rest of the notice is probably a form, the small print at the bottom [too small for her to put in?] is likely a form. It is not directed at you.
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