Legal Question in Real Estate Law in California
Difference between rent demanded and rent due amounts renders 3-day notice defec
CCP section 1161 Unlawful Detainer, requires a 3-day notice to contain the rent amount due for it to be valid. Case law determined that the monetary amount on the notice is the amount demanded and the amount on the complaint itself is the amount due, and that any variance in the totals would render the notice fatally defective provided the other party was mislead by the variance. What are the elements the court will use to determine if the party was misled and whether the variance is fatal to the notice?
1 Answer from Attorneys
Re: Difference between rent demanded and rent due amounts renders 3-day notice d
It has been sometime since I was involved in unlawful detainer defense. My recollection is that any variance that is significant is sufficient to render the notice in valid. You should look at Unlawful Detainer Defense Manual by Moskovitz. Also check Nolo Press for a book on unlawful detainer. The Moskovitz book is excellent and will provide upto date information and examples of the what constitutes a sufficient amount to mislead the tenant.
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