Notices to Cure or Quit are Privileged and Cannot Form the Basis of Liability

If you are a landlord for either a residential or commercial property, odds are you have had to issue a 3-day notice to quit or a notice to cure default or quit. Such notices are protected and considered privileged pursuant to California Civil Code § 47(b). What this means is that such notices cannot be the basis for liability against you.

Despite this, there seems to be an uptick in litigation based on exactly such notices.  In an effort to avoid eviction, tenants file lawsuits against their landlords alleging claims such as extortion and interference with business claims based on receipt of such notices. Generally, such claims are the result of inexperienced counsel for the tenants failing to understand that the notices constitute pre-litigation communications protected by § 47(b).

If you are on the receiving end of such a complaint, an aggressive response that may expediently resolve the litigation and allow you to recover your attorney’s fees is to file what is known as an anti-SLAPP.  An anti-SLAPP is a special motion to strike filed pursuant to California Code of Civil Procedure § 425.16 that protects a party’s rights to free speech and petition (e.g. to file a lawsuit). A successful anti-SLAPP will eliminate claims that are based on or arise out of a party’s right to petition (in this case the sending of the notice) and will result in an award of attorney’s fees to the successful moving party.  Additionally, the filing of an anti-SLAPP stays all discovery in the litigation pending the ruling on the motion, thus preventing the plaintiff from unnecessarily running up the defendant’s attorney’s fees by forcing the defendant to respond to frivolous discovery requests. Thus, where applicable, an anti-SLAPP can be an effective and expedient end to frivolous litigation between landlords and tenants.

If you are a landlord and have questions regarding the above, please feel free to contact us by filling out our Contact Form, sending us an email at info@schorr-law.com, or by calling us at (310) 954-1877.

Share Button
Tagged with: , ,
Posted in Anti- SLAPP, Litigation, Notice to Cure, Notice to Quit

Zachary D. Schorr’s Expert Appearance on the Dr. Phil Show

Zachary D. Schorr’s Expert Appearance on ABC’s Nightline

Contact Schorr Law

Super Lawyers

Zachary Schorr Superlawyers

Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

Need Representation?

If you are currently involved in a real estate dispute, either commercial real estate or residential, and are looking for a Real Estate Attorney in Los Angeles with a cost-effective, results oriented approach designed to meet your case's specific needs, contact the attorneys at Schorr Law. Our real estate firm has the specific knowledge and experience necessary to get you the best possible results.

AVVO 10.0

Zachary Schorr Avvo Rating

Avvo Clients’ Choice Award Recipient

Zachary Schorr Avvo Client's Choice Award