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part, claims Appellants were in default before service of the notice because rent for the six
months from April through September 2013, was unpaid after its due date on the first of each
month. She contends, therefore, that because of the default in payment of rent, she was entitled
to serve a three-day notice when she did, and then pursue eviction when Appellants did not fully
pay back rent within the three-day period after service of the notice.
Unlawful detainer actions are governed by Code of Civil Procedure section 1161 and
related provisions. “ „An unlawful detainer is a summary proceeding, the primary purpose of
which is to obtain the possession of real property in the situations specified by statute.
[Citation.]‟ ” (Underwood v. Corsino (2005) 133 Cal.App.4th 132, 135 (Underwood).) “An
unlawful detainer action is founded upon unlawful occupation and the principal relief sought is
early possession of the property; damages and rent are incidental thereto and are recoverable
only because the statute so provides.” (Vasey, supra, 70 Cal.App.3d at p. 748.)
“ „It has long been recognized that the unlawful detainer statutes are to be strictly
construed and that relief not statutorily authorized may not be given due to the summary nature
of the proceedings. [Citation.]‟ [Citation.]” (Underwood, supra, 133 Cal.App.4th at pp. 136-
137; see also Kwok v. Bergen (1982) 130 Cal.App.3d 596, 599-600.) “In order for a person to
avail himself of the summary remedy of unlawful detainer, he must bring himself within the
terms of the statute establishing such relief. [Citation.]” (Hinman v. Wagnon (1959) 172
Cal.App.2d 24, 27.) “The statutory procedure must be strictly followed.” (Underwood, supra,
133 Cal.App.4th at p. 135.) “Unlawful detainer is a highly specialized form of litigation.
Highly summary in nature, the code requirements must be followed strictly, otherwise a
landlord‟s remedy is an ordinary suit for breach of contract with all the delays that that remedy
normally involves and without restitution of the demised property.” (Cal-American Income
Property Fund IV v. Ho (1984) 161 Cal.App.3d 583, 585.)
The basic elements of unlawful detainer for nonpayment of rent contained in Code of
Civil Procedure section 1161, subdivision (2), are: (1) the tenant is in possession of the
premises; (2) that possession is without permission; (3) the tenant is in default for non-payment
of rent; (4) the tenant has been properly served with a written three-day notice; and (5) the