4
harmonize the various parts of the enactment. If the language is clear, courts must generally
follow its plain meaning unless a literal interpretation would result in absurd consequences the
Legislature did not intend. If the statutory language permits more than one reasonable
interpretation, courts may consider other aids, such as the statute’s purpose, legislative history,
and public policy.”’” (Ibid.)
To succeed in a failure-to-pay unlawful detainer requires the lessor to prove by a
preponderance of the evidence that the tenant defaulted on his or her obligation to pay rent, the
tenant was properly served with written notice to pay rent or quit the premises of at least three
days, and the tenant failed to pay rent or quit possession of the premises after expiration of the
notice period. (Code Civ. Proc., § 1161, subd. (2); Frazier v. Superior Court (2022) 86
Cal.App.5th Supp. 1, 7.) A valid three-day notice is a prerequisite to an unlawful detainer
action. (Eshagian v. Cepeda (2025) 112 Cal.App.5th 433, 457.) The notice must correctly
state the amount of rent that is due. (§ 1161, subd. (2); Bawa v. Terhune (2019) 33 Cal.App.5th
Supp. 1, 5-6.) Accordingly, a notice that overstates the rent due is fatal to a lessor’s claim of
right to possession. (Bevill v. Zoura (1994) 27 Cal.App.4th 694, 697.) Overstatement of rent
owed is an affirmative defense for which the lessee bears the burden of proof. (360 So Reeves,
LLC v. Dutton (2026) 119 Cal.App.5th Supp. 1, 12 (360 So Reeves).)7
“A municipality may, under its general police powers (Cal. Const., art. XI, §7), enact
additional regulations to the grounds for eviction to the extent it is not preempted by state law.”
(Frazier v. Superior Court, supra, 86 Cal.App.5th at p. Supp. 7; accord, § 1954.53, subd. (e);
see also Birkenfeld v. City of Berkeley (1976) 17 Cal.3d 129, 148-149.) “In 1979, the City of
Santa Monica . . . adopted a rent control charter amendment, which established a rent control
board to regulate rentals ‘so that rents will not be increased unreasonably and so that landlords
will receive no more than a fair return.’ [Citation.] Pursuant to this charter amendment, the
rent control board adopted regulations that established a maximum percentage by which rental