Yanez v. Vasquez (2021)

Citation: Yanez v. Vasquez (2021)
Parent Document: Yanez v. Vasquez (2021)
Jurisdiction: California (state)
Effective Date: 2021-06-25
Original Source: https://www.courtlistener.com/opinion/4895090/yanez-v-vasquez/ ↗

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          The three-day notice is four pages long. A line in the middle of page three indicates the notice
is being “made in accordance with” section 1161, subdivision (4). This isolated citation to subdivision
(4) appears to be a typographical error as that provision allows for the termination of the lease
agreement and the right to evict when the tenant has “commit[ed] waste upon the demised premises” or
permitted “the maintenance or commission of a nuisance.” (§ 1161, subd. (4).) Under those
circumstances, the landlord is “entitled to restitution of possession of the demised premises” upon three
days’ notice to quit. (Ibid.) Plaintiff’s three-day notice makes repeated demands for defendant to either
perform the covenants in the lease or surrender the premises to the landlord, i.e., the remedy provided
for in subdivision (3). Plaintiff does not claim the action was brought pursuant to subdivision (4) and,
in fact, the complaint alleges defendant was served with a “3-day notice to perform covenants or quit.”
(Italics added.)

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