Bevill
Bevill v. Zoura
Opinion
Opinion
Nares, J.
Landlord S. James Bevill prevailed in an unlawful detainer action against his tenant Latif Zoura. Zoura appeals, asserting defects in the three-day notice to pay rent or quit. We reverse the judgment.
Factual Background
In August 1989, Bevill, the owner of a Chula Vista shopping center, entered into a commercial lease agreement with Zoura. On November 25, 1992, Bevill served Zoura with a three-day notice to pay rent or quit. The three-day notice stated that Zoura owed $40,033.28 in rent and common area maintenance charges from April 1991 through November 1992. The notice specified that this total included $17,932.70 in rent owed between April 1991 and December 1991. Thus, Bevill requested rent owed more than one year before service of the notice.
After Zoura failed to vacate the premises pr pay the $40,033.28 within the three-day period, Bevill filed an unlawful detainer action. Bevill attached a copy of the three-day notice to the complaint. Bevill subsequently filed an amended complaint containing the same allegations as in the original complaint except that it referred to a second three-day notice served on December 7, 1992. It is undisputed that the two notices…