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  1. #1
    Join Date
    Apr 2008
    Posts
    2

    Default 3-Day Notice

    My question involves an eviction in the state of: California

    As of today I have not paid my rent this month, the property manager posted a 3-day notice indicated i owed $2,070.00 in rent. my monthly rent is $1385.00. so this charge included this month's rent, plus late charges, a portion of last months rent and the past due and current charges for water and sewer.

    Since then I have been also been served a UD. I plan to respond and take this to court, I have the money to pay them, and I told them that I needed 1 more day but the filed anyways.

    I read at www.express evictions.com regarding the 3-day notice.

    "This notice is used when the tenant has failed to pay the full rent due. All tenants named in the rental agreement must be listed on the notice as well as the names of all other occupants, if known. The complete property address and county must be on the notice including the apartment number of the unit if applicable. The exact amount of rent must be demanded in the notice. This amount CANNOT include any additional charges for late charges, interest or and other penalties. If any charges other than rent are included on the 3-Day Notice to Pay Rent or Quit, California case law holds that the notice is defective and the Landlords case will be dismissed. Be sure to date and sign the notice and fill out a proof of service indicating the date and method of service."

    Is this True?...

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: 3-Day Notice

    Read this.

    If you believe there is a defect in the notice you received, please identify the specific defect.

  3. #3
    Join Date
    Jan 2008
    Posts
    252

    Default Re: 3-Day Notice

    Totally up to the judge if the 3 day way served properly. Since you're so far behind in rent ....don't expect much sympathy from the judge.

  4. #4
    panther10758 Guest

    Default Re: 3-Day Notice

    Your answers are in link Mr. K provided however as previous post says your chances of getting outcome you want are about zero

  5. #5
    Join Date
    Apr 2008
    Posts
    2

    Default Re: 3-Day Notice

    Thank you for your response....I believe the defect on the notice to be that" The demand states an amount above and beyond the amount of actual rent owed". I went to several websites and learned that the 3-day notice can only ask for the amount of "unpaid rent" if any other fees are shown on the notice the notice is deemed defective and the case could be dismissed.

    This amount can not include other fees such as late fees, or utilities. For the month of April I owe $1385 in rent..The remaing balance includes late fees and untilites.

    Need less to say, I have been issues an UD, I answered it and my affirmative defense is the defective 3-day notice. The landlord would only accept $2,120.37, not $1385, the actual amount of unpaid rent. Their attorney has requested a court trial so I will see what happens! I have the money to pay the entire amount do you think that at the time of trial they will accept my late rent and allow me to remain in my apartment?

  6. #6
    panther10758 Guest

    Default Re: 3-Day Notice

    Whether the 3 day notice should or should not incluide late fees matters little. The Landlord is charging legal late fees. If Landlord chooses to accept rent minus late fees he/may however he/she does not have to and will likely be awarded such fees and legal costs in court.

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