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  1. #1

    Default Can a Landlord Give a Tenant an Informal Pay or Quit Notice

    My question involves an eviction in the state of: CA

    Is the landlord allowed to make an informal written pay or quit notice?

    Can the landlord take the money demanded in that notice and then file a formal 3 day pay or quit asking for more than twice the amount actually owed, even though I satisfied the initial notice to avoid eviction?

    I appreciate everyone's patience. Thank you.

  2. #2
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    Default Re: Can a Landlord Give a Tenant an Informal Pay or Quit Notice

    The landlord, of course, can request the rent you owe. While the "informal notice", whatever it involves, presumably would not satisfy the requirements for the type of notice that would support a court action, as the landlord isn't using it to support a court action that's not an issue.

    The DCA recommends, "If the amount of rent demanded [on a 3-day notice] is not correct, it's essential that you discuss this with the landlord or agent immediately, and offer to pay the amount that is actually due. Make this offer orally and in writing, and keep a copy of the written offer. The landlord's notice is not legally effective if it demands more rent than is actually due, or if it includes any charges other than for past-due rent (for example, late charges, unpaid utility charges, dishonored check fees, or interest)." You can use an excessive rent demand as a defense if the landlord later files an unlawful detainer action.

  3. #3

    Default Re: Can a Landlord Give a Tenant an Informal Pay or Quit Notice

    Quote Quoting Mr. Knowitall
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    The landlord, of course, can request the rent you owe. While the "informal notice", whatever it involves, presumably would not satisfy the requirements for the type of notice that would support a court action, as the landlord isn't using it to support a court action that's not an issue.

    The DCA recommends, "If the amount of rent demanded [on a 3-day notice] is not correct, it's essential that you discuss this with the landlord or agent immediately, and offer to pay the amount that is actually due. Make this offer orally and in writing, and keep a copy of the written offer. The landlord's notice is not legally effective if it demands more rent than is actually due, or if it includes any charges other than for past-due rent (for example, late charges, unpaid utility charges, dishonored check fees, or interest)." You can use an excessive rent demand as a defense if the landlord later files an unlawful detainer action.
    I sent an email to both the landlord and her attorney explaining the actual amount owed and provided documentation of that. I also offered to pay half, then half again on a later date, along with other arrangements. I did not receive an answer, so I went to the attorney's office. People in the office told me he did receive the letter and waiting to hear from the landlord, but unless I had the amount on the notice, they could not take anything. The unlawful detainer was filed the following day (Jan. 16).

    There is some interesting information on the summons. The following is a cut and paste of my notes for answering the summons that I am taking with me in the morning for the clinic. I did nitpick at this, so please, if there is something not applicable, let me know...like #2...her stating to be an individual, but is she considered a partner if she shares ownership of the property.

    I disagree with the following paragraphs:

    2. The plaintiff is an individual over 18 years of age, but she is also partner to the ownership of the property in the complaint. The other owner is Thomas Crim, the plaintiff’s son. (rental agreement)

    6.a.1. It is not a month-to-month tenancy. It is every three months. (rental agreement)

    6.d. Plaintiff did not decrease rent from $550 to $500 October 1, 2014. Plaintiff began to credit $50 towards rent for cleaning up after her son and another roommate. (rent sheet, letter, photos, any testimony)

    6.f. The action is not solely for nonpayment of rent. Rent includes utilities. (rental agreement)

    10. At the time the 3 day notice to pay rent or quit was served, the amount was not $820, but instead, $320. (rent sheet/letter to landlord and attorney)

    11. Going by the full rent of $550 per month, the fair rental value of the premises would be $18.33 per day, not $16.66.

    13. Attorney fee clause in rental agreement states: “Payment of legal cost/attorney fee to owner, landlord or roommate in charged/(name changed to protect ID) for eviction, damage or in the event of a lawsuit will be paid by the tenant.” (rental agreement)

    Note: The only person noted on the rental agreement as my landlord is the other owner that is not listed on the summons as a plaintiff. The person whose name I am protecting is also not listed as a plaintiff.

    Exhibit 2:

    The amounts in exhibit 2 do not match the amounts on the rent sheet. The rent sheet tracks payment of rent from July 2014 to November 2014. October, November and December are paid in full. Receipt for payments in December totaling $590 show I satisfied a previous pay rent or quit notice to which the 3 day notice to pay rent or quit issued January 12, 2014 was in response. (rent sheet/copy receipt)

    Other:

    Heating and cooling utilities locked (photos)

    I have not received a mail key

    Safety of premises compromised given lack of a background check on renters – subjected to the exposure of heroin (eviction notice for former roommate/possible police report, photos) from one and sexual harassment from another.

    Subjected from May 2013 to October 2014 to clean up after other occupants without proper compensation. I had to clean up their mess in order to cook food and maintain my own mess. (photos)

    As of January 16, 2015, I stopped cleaning up after anyone else, but myself, because it is part of the rent.

    As of January 15, 2015, Plaintiff/plaintiff Attorney did not reply on the dispute of amount owed, sent via email to plaintiff’s attorney. (email to attorney)

    The () indicate materials I have unless otherwise noted.

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