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MShore, Attorney
Category: Legal
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Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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hello, i received a 3 day notice to pay or quit but there is

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hello, i received a 3 day notice to pay or quit but there is no amount indicated on the 3 day notice about how much rent I owe, hence no way to remedy the situation. I then received a unlawful detainer complaint that also indicated no money due but included the fair market value to the property. Could I have this whole thing thrown out since I was served the wrong three day notice. You see, I began living with the owner (a friend) about 2 years ago. He asked me to stay there to help with his care (disabled) and also to help keep certain unwanted people away. I have complied with this request over the last two years but his sister has talked him into evicting me, threatening to stop his inheritance money if he does not do so. What do I do? Of note, the complaint indicates that my tenancy began as a guest and not a tenant paying rent. Should I have received a 30 or 60 day notice to vacate rather than a 3 day notice to pay or quit? If so, what form do I complete to have this thrown out of court? Please help.
Submitted: 5 years ago.
Category: Legal
Expert:  MShore replied 5 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Unless there is an allegation that you assaulted another tenant or in some way breached the informal lease (e.g. engaging in illegal activity on the premises) you should have received a 60 day notice, unless the property is under contract for sale in which case you would be entitled to a 30 day notice. You can have the case dismissed based upon failure to submit the proper notice. You need to file an Answer to the Complaint, for your reference here is a link to the Answer form:

For additional reference regarding landlord tenant law, see

Please let me know if you have any follow up questions.

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