Q: Does the 3 day notice only supposed to be for past due rent? If it contains next month or wrong amount is that legal
A: You are correct.
The 3 day notice is for past due amounts only and is not for prospective amounts.
The question then comes to whether a demand for rent with incorrect amounts is legally sufficient to support a claim for eviction. The judge's have some discretion on this issue. Each 3 day letter has to be looked at individually to see what it says. My opinion is that if the amount of past due rent is easily distinguished and set forth in the letter, then the inclusion of a further notice of the prospective rent to become due being in the letter is not fatal to the letter. If on the other hand if the amounts were merely combined so you could not easily determine the past due rent, then the letter would be defective.
A: It is only supposed to be for past due rent, but will also factor in does another rental period become due during those 3 days or not. But I agree, if the judge can determine the amount owed then you will still be evicted based on that amount. Simply pay what you owe to date.
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