3 day notice to pay rent or quit, can the amount stated be rent + untilities if my agreement states that I owe 1/3 of utilities

Asked almost 2 years ago - San Diego, CA

what is the correct required info and amount on a 3 day to pay rent or quit notice to be valid. The month to month agreement states tenant owes rent plus 1/3 utilities.

Attorney answers (3)

  1. Frank Wei-Hong Chen

    Contributor Level 20


    Lawyers agree

    Answered . You have to be very careful here if this is a residential eviction. Unless the lease or rental agreement specifically DEFINES "rent" to include utilities, you cannot include the utilities owed in the 3 day notice to pay rent or quit. So if the agreement just says the tenant owed rent plus 1/3 utilities, then the 3 day notice would be invalid if it asked for unpaid utilities.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Joshua Michael Bonnici

    Contributor Level 7


    Lawyers agree

    Answered . The details of giving notice in an eviction can be very tedious, and must follow strict guidelines. As stated above, a 3-day notice to pay or quit is traditionally for overdue rent only. Depending on the unique language of the lease agreement, utilities are normally not to be included in a notice to quit or pay. Below is a link to more self-help on the court's website. http://www.courts.ca.gov/1289.htm

    Good luck, and remember time is of the essence to act to protect your interests.

    (The above shall not be construed as legal advice, nor be intended to construct a lawyer/client relationship. Thanks!)

  3. Kevin Samuel Sullivan


    Contributor Level 20


    Lawyer agrees

    Answered . you can only ask for rent. Utliities are generally not considered rent. This will render your notice improper. Hire a landlord lawyer to process your UD.

Related Topics

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

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