Legal Question in Real Estate Law in California

Re: eviction /with wrong information on the on 3 day notice

Assuming your's is a residential occupancy, the amount on the three day notice can not overstate the amount of rent due. Whether your roommate signed the lease or not is irrelevant, as is the spelling of your name.

If you really want to defend the UD successfully, I recommend you contact a lawyer familiar with landlord/tenant matters.

If you want, contact us for an initial free consultation.

Re: eviction /with wrong information on the on 3 day notice

A landlord must comply strictly with the provisions of the Code of Civil Procedure, sections 1161 and 1162, and failure to comply is ground for dismissal of an unlawful detainer action. If the rent demand is too high, the notice is improper and not legally sufficient to terminate the tenancy. Remember, however, that an entire month's rent is usually due in advance, all at once on rent day, and the landlord usually does not have to pro-rate. Also, if pro-rating is appropriate, daily rental is always 1/30 of the monthly rate regardless of length of month.

Nevertheless, 'ground for dismissal' is not always the same as 'requires dismissal,' and the court might waive certain notice errors if it believes the party served is not unduly prejudiced by the answer, for example, minor spelling errors in a tenant's name or a mimimal error in computing rent due.

Errors in a service of notice are not scrutinized as closely as errors in service of process.

The eviction notice is usually served on all persons known to be occupying the premises -- tenants, co-tenants, sub-tenants and long-term guests -- as a precaution. The landlord does not harm his case by serving notice on such persons.

Re: eviction /with wrong information on the on 3 day notice

The only way you will prevail on the erroneous 3 day notice is if the amount is wrong. Please call me for free consultation.