Legal Question in Landlord & Tenant Law in California

Can a landlord ask for more rent due (two months) in the UD-100 paperwork than he listed on the 3-day notice to pay rent or quit (which only lists 1 month)?

I actually owed 2 months rent, but the 3-day notice to pay rent or quit only asked for one month. I signed a piece of paper saying I would pay the previous month's rent. Now the UD-100 asks for both months due (in section 10). Can I fight this?


Asked on 11/05/14, 2:23 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

That's not grounds for defending an unlawful detainer proceeding based on nonpayment of rent. You would have a defense if the landlord "overstated" the amount of rent due. The landlord is allowed to ask for less than the total amount due in the 3 day pay or quit notice.

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Answered on 11/07/14, 1:49 am


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