Election of Forfeiture
2010
The landlord may obtain a provision in an unlawful detainer judgment declaring the lease forfeited only if the notice to quite indicated the landlord’s election to declare a forfeiture. The notice must use some language indicating forfeiture in addition to demanding that the tenant perform a covenant of the lease or quit the premises.
A Three Day notice that merely demands that the tenant pay rent or surrender the premises does not sufficient indicate a desire to forfeit the lease. Within the Three Day Notice, it merely needs to have language showing the landlord’s intent to treat the lease as terminated is good enough.
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