- #Califorfnia eviction process 3 day eviction for how to
- #Califorfnia eviction process 3 day eviction for trial
#Califorfnia eviction process 3 day eviction for trial
If you don’t serve the notice correctly, you could lose at trial later. Specifically, the law requires that the notice be given to the tenant in a certain manner. Don’t get caught with an incorrectly filled out notice or it could result in you losing your eviction case at trial.
#Califorfnia eviction process 3 day eviction for how to
Hire a professional to take care of it and teach you how to complete the form for future use. If you’re not sure about a part of the form, don’t guess. If you use a form, make sure that you’ve filled in all of it. Second, I have seen landlords fill out the form incorrectly or incompletely. Thus, make sure that the form that you use is the most current version. If you use a form that does not reflect current legal requirements, you could lose at trial and suffer the consequences described below. First, I have seen landlords use out-of-date forms.
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. 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.
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