Monthly Archives: September 2014

Foster v. Williams- The Notice To Quit Must Be Perfect

Click for Foster v. Williams opinion.

The tenant failed to pay rent.  The landlord issued a notice to pay rent or to quit.  The notice provided the payment procedure that the tenant had used for a year.  The procedure, however, was a website for electronic payments without any physical address.

The trial court in Santa Monica concluded that the website sufficed.  The Appellate Division of the Los Angeles Superior Court disagreed.  The statute required a person and an address.  Even though a website is an “address,” the requirement of a person to whom payment can be made implies a requirement of a physical address.  Without it, the notice is invalid and the landlord must start over.

If you are a landlord, then be careful.  If you are a tenant, then this case shows how a minor technical problem can delay an eviction.