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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Schulman v. Vera, 108 Cal. App. 3d 552 (1980)

Citation
Schulman v. Vera, 108 Cal. App. 3d 552 (1980)
Parent Document
Schulman v. Vera, 108 Cal. App. 3d 552 (1980)
Jurisdiction
California (state)
Effective Date
1980-07-24

Other Sections in This Document (69)

Full Text

925 chars
Lessees’ argument that the notice was jurisdictionally defective because the lease provided for five days’ notice of default in payment of rent is without merit. The jurisdictional notice is that prescribed by the statute. The contractual five-day notice requirement was substantially complied with. With respect to the nonpayment of the additional rent due April 10 and the $1,500 rent due May 1, the lessees had already had notice way in excess of five days and had failed to cure the defaults. With respect to the $1,500 rent due June 1, lessees also had in reality more than five days in which to cure the default. Lessors did not file the instant unlawful detainer action until June 13, 11 days after the June 2 notice. Lessees made no attempt to comply with the June 2 notice at any time within that 11-day period. Thus, lessees had the notice contemplated by the lease, and the June 2 notice complied with the statute.