The amount included in the three -day notice includes 10% LATE FEE PER AGREED LEASE. I found out that makes the notice defective and tenant replied and said that the amount on the notice was wrong. Should I cancel the case and reserve the notice or is there a way of amending the three day notice and reserve the complaint and the summon? Confused please help.
You need to serve a correct and accurate 3-day notice. The better practice is to serve two separate 3 Day Notices; One to pay the rent and one to cure a breach of the lease (late charges). If the defaults are not cured within the 3 day period, you will have to file a new U.D. complaint with the correct exhibits and and accurate allegations, and then serve that new complaint and summons - i.e. start over.
Richard A. Rodgers, Esq.
200 N. Westlake Blvd. Ste 201
Westlake Village, CA 91362
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You should correct the three day notice and have it reserved to prevent problems down the road. Hire a local eviction attorney to make sure everything is done right.
Yes, you do need to re-serve a new 3-day notice if you improperly included late fees. You can then file a First Amended Complaint for Unlawful Detainer based upon the new 3-day notice. Or, you can just dismiss the first unlawful detainer and file a new unlawful detainer complaint based on the new 3-day notice.
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 posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.
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