Bevill v. Zoura

Opinion

NARES, J.

Landlord S. James Bevill prevailed in an unlawful detainer action against his tenant Latif Zoura. Zoura appeals, asserting defects in the three-day notice to pay rent or quit. We reverse the judgment.

Factual Background

In August 1989, Bevill, the owner of a Chula Vista shopping center, entered into a commercial lease agreement with Zoura. On November 25, 1992, Bevill served Zoura with a three-day notice to pay rent or quit. The three-day notice stated that Zoura owed $40,033.28 in rent and common area maintenance charges from April 1991 through November 1992. The notice specified that this total included $17,932.70 in rent owed between April 1991 and December 1991. Thus, Bevill requested rent owed more than one year before service of the notice.

After Zoura failed to vacate the premises pr pay the $40,033.28 within the three-day period, Bevill filed an unlawful detainer action. Bevill attached a copy of the three-day notice to the complaint. Bevill subsequently filed an amended complaint containing the same allegations as in the original complaint except that it referred to a second three-day notice served on December 7, 1992. It is undisputed that the two notices were identical.

In his answer, Zoura denied the allegations of the amended complaint and asserted several affirmative defenses, including that Bevill accepted rent after the three-day notice period expired and Bevill agreed to modify the lease requiring Zoura to pay only one-half of his rental obligation.

The court found in Bevill’s favor, awarding Bevill possession of the premises, $21,958 in rent payments from January 1, 1992, to the date of judgment, and $5,469 in unpaid adjustments owed under the lease.

[697]

Discussion

Zoura contends the three-day notice to pay rent or quit was defective because it asked for more than one year’s rent.

1

A valid three-day pay rent or quit notice is a prerequisite to an unlawful detainer action. (Code Civ. Proc., § 1161, subd. 2;