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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
