I often tell landlords that it is extremely important that they follow the rules precisely when creating a serving a 3 day notice to pay rent or quit in California. Landlords will often attempt to draft and serve a 3 day notice to pay rent or quit on their own, rather than having an attorney create and serve the 3 day notice to pay rent or quit. This is not recommended.
In a recent court case, Foster v. Williams, 229 Cal. App. 4th Supp. 9, 177 Cal. Rptr. 3d 371 (App. Dep’t Super. Ct. 2014) , a landlord served a 3 day notice to pay rent or quit on a non-paying tenant. The tenant had always paid the rent online, and the 3 day notice informed the tenant that she had to go to a certain website to pay the rent.
The court ruled that the 3 day notice to pay rent or quit was invalid in that the website URL on the 3 day notice to pay rent or quit by itself was not sufficient. In addition to providing the URL address, the landlord needed to also specify in the 3 day notice to pay rent or quit the words, “that payment may be made pursuant to an electronic funds transfer procedure which has been previously established.” The URL alone, without these other words, failed to satisfy the rules and thus the 3 day notice notice to pay rent or quit was invalid.
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