We are currently in trial on a commercial unlawful detainer. One of the issues that we have pointed out the court is that the only relevant time period – for a breach of a covenant in the lease – is the cure period. What do we mean by the unlawful detainer cure period?
The cure period is the time given in the notice to comply with a covenant in the lease or quit. For example, if the landlord issues a 3 Day notice to comply with a covenant in the lease or quit the premises, the tenant only has three days to remedy the situation – to come into compliance with the covenant of the lease that the landlord has demanded their compliance with. As a result, if the tenant contends that that they complied with the 3 day notice but did not comply until day 10, then the landlord is entitled to proceed with the unlawful detainer and evict the tenant for lack of compliance.
The rule, then, is that a tenant must comply with the 3 day notice during the cure period, otherwise the landlord may evict the tenant for lack of compliance even if the tenant complied after the cure period.