California Appellate Tracker

Lee v. Kotyluk (2021)

January 13, 2021

A person who buys the property from the former landlord may sue a defaulted tenant for unlawful detainer based on a notice to quit which the former landlord served on the tenant before selling the property to the buyer/plaintiff. Furthermore, the notice to quit is not defective for failing to name the person to whom the property is to be surrendered if the tenant wishes to quit its occupancy pursuant to the notice. The primary purpose of the notice to quit is to give the tenant an opportunity to cure its default, and to that end, the statute (CCP 1161(2)) requires the notice to contain detailed instructions on how the tenant may pay past due rent. There is no similar statutory requirement for the notice to identify to whom the tenant may surrender possession.

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California Appellate Tracker

Lee v. Kotyluk (2021)

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