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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

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Posted in Anti- SLAPP, Litigation, Notice to Cure, Notice to Quit

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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.

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