In an eviction action for non-payment of rent, is the landlord required to prove that the tenant actually received the Three Day Notice To Pay Rent Or Quit?
Answer: No. It is enough that the landlord properly served a Three Day Notice To Pay Rent Or Quit in accordance with applicable law (i.e. by personal service, substitute service, or nail and mail). The landlord is not required to prove that the tenant actually received the notice. On the other hand, proof that the tenant actually received the notice cures any defect in service of the notice. These principles are also applicable to other types of notices that may be served by a landlord such as notices to perform covenant or quit, notices to quit, and notices of termination of tenancy.
For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com.
The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice.
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