Q: when filing a 2nd eviction, does a new 3 day pay or quit notice need to be serviced, because amounts changes from the 1
landlord is filing for 2nd eviction. the new eviction was not serviced with a 3 day pay or quit notice.
amounts have changed from the 1st eviction, but the landlord's attorney used the first 3 day pay or quit notice from the first eviction.
A:
Yes, the Unlawful Detainer amounts must match what was on the notice, or it will not be granted. They have to re-serve the notices if the money balance changed. At trial you can object to the notice and ask for a judgment in your favor. Once you have multiple eviction attempts, with judgments in your favor, you may be able to recover damages from the LL for retaliatory eviction.
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