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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

San Diego, CA |
Filed under: Landlord-tenant

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

Posted

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 general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Posted

thank-you mr. wei-hong chen, question to clarify, this is a residential month to month agreement. in the rental agreement it states tenant owes rent plus 1/3 utilities. please clarify what amounts are allowed on the 3 day to pay rents or quit notice in order for it to be valid. for example....can an amount that is the rent plus the amount of utilties be stated on the 3 day notice?

Posted

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!)

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Posted

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.

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