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3-day notices in California

3-day notices in California are the topic of this blog post.

A landlord in California is legally required to serve tenants with a valid notice such as a 3-day notice that requires you to do something specific such as paying the overdue rent, complying with the conditions and covenants of your lease or rental agreement. In certain rare situations a 3-day notice can also require a tenant to move out of the premises within 3 calendar days.

The first thing that I want to stress is the fact that most 3-day notices in California must give you the option of complying with the requests in the 3-day notice within three calendar days or move out. It is only in situations where you fail to do what is requested by the 3-day notice that your landlord can file an unlawful detainer (eviction) case with the court.

I also want to stress that the requirements detailed in this blog post only apply to tenants renting a residential property in the State of California and may or may not apply to tenants renting a commercial property depending on what the lease or rental agreement states regarding notices.

Exceptions to the notice requirement

There are only certain exceptions where a landlord is not required to give a tenant notice before filing an unlawful detainer case.

A landlord is not required to give a tenant notice in the following situations.

Once the term of a fixed term lease has expired and the landlord has not extended or renewed the lease and you have not vacated. In that case the landlord can file an unlawful detainer case without giving notice first. However the landlord is not permitted to accept any rent for any time periods after the lease has expired or California law will presume that a new month-to-month tenancy has been created.

If the landlord has accepted your written notice to end the lease once it expires. If a tenant gives a landlord notice that they are moving out at the end of the lease but does not actually move out the landlord can file an unlawful detainer case without giving notice.

The tenant works for the landlord and lives on the property as part of their employment. In that case the landlord can file an unla

I want to point out that 3-day notices as well as the great majority of other notices are not official court forms. Many are sold at stores that sell forms that deal with business and/or legal matters. In some cases the notice that you receive may not comply with California law.

Therefore it is very critical that you closely examine any 3-day notice that you have been served with to determine if the notice meets the strict legal requirements. If the notice does not comply with California law it is considered a defective notice and you may have a defense to the eviction case filed against you.

There are three main types of 3-day notices in California which are discussed below.

3-day notices to Pay Rent or Quit

The first notice which is the most common is generally known as a 3-day notice to pay rent or quit.

Your landlord can serve this notice on you whenever you have not paid the rent on time.

The 3-day notice to pay rent or quit must:

Be in writing;

Must state the name of the tenant or tenants;

Must state the complete address of the rental property;

Must state exactly how much rent is currently due and should not include any amounts other than the overdue rent;

Must state the dates for which the overdue rent is due;

Must not include any overdue rent that is more than one (1) year old;

Must state that the overdue rent must be paid in full within three (3) calendar days after the notice has been served or the tenant must move out;

State name address and phone number of the person that the rent should be paid to;

State the usual days and times the tenant can pay the rent he or she owes, and the address he or she can pay the overdue rent at unless another method of paying the rent is specified in the notice, and

Must be signed by the landlord or his or her agent and must also state the date of the notice

3-day notices to Perform Covenant or Quit            

The second most common type of 3-day notice is commonly known as a 3-day notice to perform covenant or quit.

Your landlord can serve this notice on you if they are contending that you are violating certain terms of the lease or rental agreement but the problem can be fixed. If you have moved in a pet without permission, are not keeping your rental unit clean, or are violating some other term of your lease or rental agreement.

The notice must:

Be in writing;

Must state the name of the tenant or tenants;

Must state the complete address of the rental property;

Must state specifically what the tenant did to violate the terms of the lease or rental agreement

Must contain a very particular statement as to the specific provision or provisions of the lease or rental agreement that the tenant has violated;

Must state that the tenant has tenant must perform the specified covenants within 3 days of receiving the notice or the tenant must move out; and

Must be signed by the landlord or his or her agent and must also state the date of the notice.

3-day notices to Quit

The third type of 3-day notice is rarely used and is commonly known as a 3-day notice to quit.

Your landlord can serve this notice on you if they are contending that there are ongoing problems with a tenant such as causing or allowing what is termed a “nuisance on the property, is using the property to do something illegal such as selling drugs, is threatening the health and safety of other tenants or the general public, is committing what is known as “waste” (damages) that significantly lowers the value of the other property, or has moved in other tenants such as subtenants without the prior express permission of the landlord.

The notice must:

Be in writing;

State the full names of the tenant or tenants;

State the complete address of the rental property;

State specifically what the tenant has done or is currently doing to warrant a 3-day notice to quit including the details and dates;

State specifically that the tenant has to move out as soon as the three-days have expired, and

Must be signed by the landlord or his or her agent as well as state the date of the notice.

I want to again stress that the requirements in California for any 3-day notice are strictly construed and if they are not followed any omissions or defects can render the notice invalid and result in the landlord losing their case. If you have been served with a 3-day notice that does not meet the requirements detailed in this blog post you should consider filing a general demurrer on the grounds that the 3-day notice is defective.

I also want to stress that if you live in a rent-controlled city there may be other legal requirements before a landlord can evict you. Click here http://www.courts.ca.gov/documents/tenant-rentcontrol-list.pdf to view a PDF list of cities with rent control laws.  And if the property that you are renting is in foreclosure or was recently sold at a foreclosure sale there may be other laws and specific notice requirements that apply.

Requirements for service of a 3-day notice in California

California law authorizes three different ways in which the landlord can serve you with a 3-day notice.

Personal service which means that the landlord or someone else gives the notice directly to you in person;

Substituted service which means that if you are not either at home or at work the landlord can

leave the notice with a competent member of the household where you live or someone in charge where you work AND must also mail a second copy of the notice to you at the address where the notice was served, and

Posting and mailing also known as “nail and mail” service which allows the landlord to either tape or nail the notice to your front door or somewhere where it can be seen easily AND must also mail a second copy of the notice to you at the property address.

Attorneys or parties in California who have been served with a defective 3-day notice and wish to file a demurrer to the complaint can see below to view a portion of a sample demurrer complete with brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and proof of service by mail that is sold by the author.

 

Attorneys or parties in California who wish more information on a collection of sample documents for use by tenants in California evictions containing over 25 documents specifically designed for use by tenants in California sold by the author can use the link shown below.

http://legaldocspro.net/california-eviction-litigation-document-package/

The author of this log post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

You can view sample legal document packages for sale at: http://legaldocspro.net

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

 

 

 

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One Response

  1. Sent from my Sprint Samsung Galaxy Note5.

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