A California tenant receives a 3-day notice to pay rent or quit from the landlord. The tenant pays the full amount of rent owed within the 3-day period. Under California Code of Civil Procedure §1161, can the landlord still proceed with an eviction?
Correct Answer
A) No, because the tenant cured the default by paying the full rent within the 3-day notice period
Under California Code of Civil Procedure §1161(2), a 3-day notice to pay rent or quit gives the tenant the opportunity to cure the default by paying the full rent within the notice period. If the tenant pays in full within the 3 days, the notice is satisfied and the landlord cannot proceed with an unlawful detainer action based on that notice.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.
A purchase agreement is a legally binding contract between a buyer and seller that outlines the terms and conditions for the sale of real property. It is also commonly called a sales contract, purchase and sale agreement, or earnest money agreement.
Specific performance is a court-ordered remedy that compels the breaching party to fulfill their obligations under the contract rather than simply paying monetary damages. It is an equitable remedy used when monetary damages would be inadequate.
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