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Notice of Unlawful Detainer

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Mr12.R

New member
What is the name of your state? California

We were served with a Notice of Unlawful Detainer. There are a few actions of the landlord (property management company) that I have questions about. When rent was due on January 1st, 2019, we still owed partial rent from Dec. 2018. Rent is due on the 1st. but there's a grace period until the 3rd. An employee in the office called and asked $800 from Dec. paid on the 3rd. On January 3rd, before I had a chance to drop the checkoff, we were served a 'three day to pay or quit notice' for the past due of Dec. and January's rent. The notice said the amount due was $2,400 that must be paid in full. The next day the employee from the office called and wanted to know why I didn't pay the $800 as promised. I tried to explain that I thought they would only take the full amount, She got angry and hung up on me.

Three days later I only had about $1,700. I called the office and asked if I could pay but was told they would only accept the full amount and that they were going to start an eviction if didn't pay it on time. We missed the deadline. Then, for some reason, on Jan 8th, they served another 'Three Day or Quit' notice, this time the amount of the rent due was $2,200. I called the office to ask about the discrepancy and I was told, "Just pay the amount on the notice." Which notice and why are the amounts different. She said just pay what on the current notice and hung up on me. I tried to call back but was always told the person I was looking for wasn't in.

On Jan 8th. I decided to drive out to their office. That address wasn't listed on the paperwork, but I looked and found it on Facebook. I drove out to the office, but it's in a really curvy road section of a mountain. There was construction work on the way, and so I got there just as they were leaving. When I told them who I was and what I was there for, the lady asked me, how did you get this address? Uh... Google. I responded. She told me next time to call before coming over, that they were closed and if I had any questions to ask the manager, Jack. That evening I called Jack and asked if he could give me a full total of what was owed. "Ask the office," he said.

I called the office on Monday and I was told that they were going to be filing for eviction. I asked if they would still be willing to take the rent. I was told only the full amount plus late fees and whatever other charges were on our account. Otherwise, they wouldn't accept it. A few days later they fled the notice of unlawful detainer.

My question is, does giving us the first notice with the incorrect amount of rent due, without telling us of the mistake, affect their case at all? And was it legal for her to tell me they'd only accept the full amount plus late fees? Thank you
 


Taxing Matters

Overtaxed Member
My question is, does giving us the first notice with the incorrect amount of rent due, without telling us of the mistake, affect their case at all? And was it legal for her to tell me they'd only accept the full amount plus late fees? Thank you
The landlord followed up with a notice with the (apparently) correct amount. You didn't pay that either. So it's not really going to matter that the first one was a bit off on the computation. And yes, the landlord can demand full payment of all the amount outstanding, including late fees.
 

adjusterjack

Senior Member
does giving us the first notice with the incorrect amount of rent due, without telling us of the mistake, affect their case at all?
No.

was it legal for her to tell me they'd only accept the full amount plus late fees?
Yes.

Now you owe the balance for December, the full rent for January, and the full rent for February (also in default), plus late fees, plus the court costs (filing and process service). Pay all that before you go to court and you might avoid the eviction. Or, you can move out, but you'll still owe back rent and a judgment will follow you around for a long time.
 

Zigner

Senior Member, Non-Attorney
...was it legal for her to tell me they'd only accept the full amount plus late fees?
Not only was it legal, it was wise. Accepting a partial payment would negate the prior notice they had sent.
 

justalayman

Senior Member
The amount stated on the three day notice is the amount required to satisfy only the action pending. It doesn’t mean that is the full amount owed.

In other words; if you owe $1000 and they give you a 3 day pay or quit notice denanding $800, if you pay the $800, that satisfies that demand. You would still owe $200. They could issue another cure or quit notice regarding the $200 if they chose to but it would be a new notice period.

Since you simply refused to pay anything demanded, it really doesn’t matter.
 

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