Eviction lawyers in Orange County, Los Angeles, San Diego and beyond are knowledgeable in what steps have to be taken to successfully handle an eviction. A common issue that causes problems for landlords, (and is useful to tenants in building their defense) is the proper handling of giving a tenant notice.
Two of the most common 3-day notices are a “Notice to Pay or Quit” or a “Notice to Perform or Quit.” As it’s name implies, a “Notice to Pay or Quit” is a notice that tells the tenant they have 3 days to pay the landlord, or face eviction. A “Notice to Perform or Quit” is a notice telling the tenant they are breaching the lease agreement and they must ‘cure’ or remedy their breach within 3 days, or face eviction. A example of a ‘breach’ would be keeping lawn furniture in on a patio, where the lease forbids it. Or the tenant having a pet in violation of the lease.
The most common 3-day notice given is the 3-day “Notice to Pay or Quit” and must meet certain requirements. Problems with a 3-day Notice can render the notice, and subsequent unlawful detainer case, defective. This means the tenant gets to stay in the rental, and causes big headaches for the unwary landlord.
Items that must be included in a 3-day “Notice to Pay or Quit” are
- Be in writing;
- Say the full name of the tenant or tenants;
- Say the address of the rental property;
- Say exactly how much rent the tenant owes* (the notice cannot go back more than 1 year, even if the tenant owes back rent for a longer time, and it cannot include any charge other than rent);
- Have the dates the overdue rent is for;
- Say that this rent must be paid in full within 3 days of receiving this notice or the tenant must move out;
- Say the days and times the tenant can pay the rent he or she owes, and the address he or she can pay it at;
- If the tenant can pay the back rent by mail, give the address the tenant should send the money to; and
- Be signed by the landlord or his or her agent, and state the date of the notice.
*Source : http://www.courts.ca.gov/1288.htm
To learn more about the eviction process in Orange County, Los Angeles or San Diego, 3-day notices to quit and other useful eviction information, visit www.FastEvictionLawyer.com.
