Bevill v. Zoura

In Bevill v. Zoura (1994) 27 Cal.App.4th 694, the landlord served the tenant with a three-day notice to pay rent or quit based on arrearages of $ 40,033.28, which included $ 17,932.70 for back rent beyond the one-year limitation period. The landlord admitted at trial that he would not have accepted "anything less" than the $ 40,033.28 specified in the notice. The Court reversed the landlord's unlawful detainer judgment on the ground that the notice to quit improperly demanded rent in excess of the amount due for the one-year period preceding service of the notice. The court concluded that the tenant "was therefore not given the proper opportunity to cure and prevent an unlawful detainer action." (Id. at p. 698.)