Defective 3 Day Notice? "... rent due from February 1, 2011 through March 31, 2001"

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trosoft

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Hi,

I am in Los Angeles. I did recently receive a Three Day Notice.

I wanted to ascertain whether the landlord was indeed required to accurately specify the period for which he claims I still owe rent. Also, does the notice actually have to be signed by either the landlord or his/her agent?

I have received three notices with different service dates; also the dates/periods the overdue rent represented were different. Each of the three times the landlord served me in person, I also received corresponding duplicate notice via mail.

The most recent notice reads, in part, "...there is now due an[d] unpaid rent in the total sum of: Two Thousand Two Hundred Dollars ($2,200) representing rent due from February 1, 2011 through March 31, 2001"

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Yes, it does indicate "2001" as the year of the end period.

Also, there is no signature of landlord or agent; but it does have "LANDLORD/AGENT: Palm Apartments" next to the service date.

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I looked at CCP Section 1161(2).

It is not intuitively obvious as to whether the landlord must state the time period for which the rent is overdue.

1. Name of tenant
2. The exact amount of rent due.
3. It must have the entire street address of the premises.
4. Must have the name, address and phone number of the person to pay the rent to; as well as the days of the week and hours in which the rent may be paid and
instructions on where to pay it.
5. An unequivocal demand for possession if the rent is not paid within three days of service of the notice.

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What you've received has no force or effect at law. Your landlord has asked you to leave and claims you owe back rent. You can ignore it.

I suspect after a certain time he will file an eviction. You will be properly served and noticed. A court date will be set. A judge will eventually decide.

You can cure the default by paying the back rent. If you don't, the judge will order your eviction. Then, and only then, will you be forceably removed by deputies, if you refuse.

This entire process takes 6-8 weeks to conclude. What you've referenced above is meaningless (for the moment). This is merely the exhibition season!
 
To answer your questions- no, the incorrect date is not significant. The intent of the document is clear, and as said, it does not have any real legal weight as it is just an attempt to settle the dispute civilly as a precursor to the formal eviction process.
The signature is not necessary.
It sounds like you have clearly been given notice that you are behind on rent, and that if you do not pay within three days the landlord wants you to move out. If you do not move out then expect to be on your way to court for a formal eviction real soon.
 
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