Legal Question in Landlord & Tenant Law in California

Hello. I was about to start an eviction against a tenant who is several months behind in rent and she filed bankruptcy Chapter 7. I was granted relief from the stay to proceed with the eviction and I understand that I can only sue for possession, not monetary judgement. Her bankruptcy is still ongoing. I am about to fill out the 3-day notice. I know it is absolutely critical that I do it correctly. What rent can I legally demand at this time on the 3-day notice? Can I only demand payment of post-petition rent? It seems that demanding pre-petition rent (and perhaps even demanding post-petition rent) is a collection procedure itself. I am confused and don't want to mess up the 3-day notice. Thanks

Asked on 2/16/14, 12:28 pm

Anthony Roach Law Office of Anthony A. Roach

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You serve the three day pay or quit for the exact amount that is due.

Answered on 2/17/14, 6:34 am

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