California Legal Brief

The Rule of SVF Grosvenor Del Rey Corporation v. Schwarz is that when a three-day notice to pay rent or quit offers payment by mail as an option, the notice must include the name, telephone number, and address of the specific person to whom rent is to be mailed, under Code of Civil Procedure section 1161(2).

Appeal from judgment after motion for judgment on the pleadings in Superior Court, Los Angeles County.

Plaintiff Appellant was SVF Grosvenor Del Rey Corporation — the landlord seeking to evict for nonpayment of rent totaling $23,472 over six months.

Defendant Respondent was Lisa Schwarz — the tenant who challenged the validity of the three-day notice.

The suit sounded in unlawful detainer for nonpayment of rent under a lease requiring monthly payments of $3,912.

The key substantive facts leading to the suit were that defendant occupied an apartment at 5550 Grosvenor Boulevard #152 in Los Angeles under a lease requiring monthly rent of $3,912, and plaintiff served a three-day notice claiming $23,472 in unpaid rent over six months. The notice offered payment options including "By mail to Leasing Office 5550 Grosvenor Blvd Los Angeles, CA. 90066" and personal delivery "to Barrington Thomas or any available personnel" with a telephone number and hours.

The procedural result leading to the Appeal: The trial court granted defendant's motion for judgment on the pleadings, ruling that the eviction notice failed to comply with Code of Civil Procedure section 1161(2) because the mail payment option did not include the name and telephone number of a person to whom rent should be mailed, only listing "Leasing Office" and an address.

The key question(s) on Appeal: Whether a three-day notice satisfies Code of Civil Procedure section 1161(2) when it offers payment by mail but fails to provide the name, telephone number, and address of a specific person for the mail option, even though such information is provided for the personal delivery option.

The Appellate Court held that Code of Civil Procedure section 1161(2) requires the name, telephone number, and address of the person to whom rent payment shall be made to be listed for each payment option offered, including mail payment, and a notice listing only "Leasing Office" without a person's name or telephone number for the mail option fails to comply with the statute and renders the entire notice invalid.

The case is inapplicable when the three-day notice does not offer payment by mail as an option, when the notice provides the required name, telephone number and address of a specific person for mail payment, or when the case involves payment methods other than mail or personal delivery (such as electronic funds transfer or financial institution deposit).

The case leaves open whether providing incomplete information for one payment option invalidates an entire notice in all circumstances, the specific requirements for electronic funds transfer and financial institution payment options, and whether curing defects in payment options through other means might satisfy the statute.