![]() These forms are usually legally sufficient and experienced landlords use the forms without a problem.Įven with pre-printed forms, however, I have seen landlords make two types of mistakes. The landlord then handwrites in the information particular to that tenant and gives the notice to the tenant. Many landlords rely upon pre-printed, form 3-day notices. Regarding Content, the law mandates that certain information be included in the 3-day notice. When deciding whether to do the 3-day notice yourself, remember the 4 “C’s”: Content, Communicate, Consequences, and Cost. If the landlord accepts rent after the three day period expires, however, the landlord waives his right to declare a default and cannot evict the tenant until a future non-payment of rent occurs. The landlord may accept rent if he wants to keep the tenant but he does not have to. If the tenant fails to pay the rent within the three days, the tenant is in default and the landlord may file an eviction lawsuit (called an unlawful detainer in California) on day four.Īfter the three-day notice period runs, the tenant is no longer permitted to pay the rent and the landlord need not accept it. If the tenant pays the rent within the three days, the landlord must accept it, the default is cured, and the tenancy goes on. The tenant then has three days to pay the rent in full. In jurisdictions such as California that use the 3-day notice, the notice is the first step in the eviction process based upon the tenant’s failure to pay rent. This article will address the issue of whether the landlord should write and serve the 3-day notice, also known as a notice to vacate, himself or have a lawyer and his process server take care of it.įirst, a brief explanation of what a 3-Day Notice to Pay Rent or Quit is. The state provides no official form for this notice, and landlords are allowed to write their own documents.Should a landlord do it himself when it comes to preparing and serving a 3-Day Notice to Pay Rent or Quit?Ĭonsidering the vital importance of the 3-day notice to the eviction case that follows, the answer is not as simple as it seems. Where to get the official form for a 3-Day Notice to Pay or Quit? Most landlords prefer to hire professional process servers to serve the initial notice to pay or quit to minimize the chances of future delays. ![]() In general, a landlord can serve the notice themself but must do so correctly, document how the notice was served at the time of service, and keep accurate paper copies of their records. If these laws are not followed strictly, a subsequent court action will likely be dismissed, resulting in the landlord needing to start over from scratch (with a new notice being served properly) while the tenant continues to occupy the property. There are very specific laws a landlord in California must follow to "serve" any notice, including a 3-Day Notice to Quit, to a tenant formally. How should a notice to quit (vacate) be given to a tenant? As an example, San Francisco has multiple additional forms, filings, and hearings that must be followed and the process can take one or two years of additional time. In some California cities there are additional local laws in place to protect tenant rights, and additional processes before a landlord is given approval to evict a tenant. Serving a Notice to Quit does not actually guarantee that a landlord may evict a tenant. Remember, weekends and court holidays do not count as part of the three days. At that stage, a landlord can inform a tenant that they now have no other options and must vacate the property within three days. The 3-Day Notice to Quit is reserved for instances where the tenant has broken a lease or rental agreement rule, been served a Notice to Perform or Quit, and failed to fix the issue. When Should a Landlord Use a 3-Day Notice Quit? Immigration status, sex, race, religion, and other demographic reasons are generally not just causes to evict someone as they are protected under discrimination laws.
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