I am often asked by landlords how to calculate the amount of rent due on a three day notice to pay rent or quit. One of the rules that many landlords don’t realize is that there is a one-year limitation on the amount of rent that can be demanded in a 3 day notice to pay rent or quit.
Some landlords allow their tenants not to pay rent for extended periods of time. Sometimes this extends beyond 1 year. However, for a 3 day notice to pay rent or quit to be valid, the rent demanded on the notice can NOT extend beyond one year.
One example of when this might actually occur is the following scenario:
A tenant does not pay rent for December 2012, but pays every month thereafter. The landlord does not catch this until January 2014. The landlord may not go back and now demand that the December 2012 rent be paid in a 3 day notice to pay rent or quit, because it is more than a year old.
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