Explanation of the-3 Day Eviction Notice

 

What is a 3-Day Notice to Pay or Quit?

 

If a tenant does not pay the rent on time, the landlord can serve them with a legal notice giving them three days to pay the back rent or leave the property for good. The landlord may give the tenant a 3 Day Notice to Quit when a tenant misses the rental payment date. Landlords may not serve any notice to the tenant until the grace period expires if any grace period is specified in the lease agreement.

The 3-day notice is the first step in the legal eviction process. Landlords use notices most often to obtain past-due rent, but 3-day notices can cover other situations where the tenant has done wrong too.

Primarily, the warning commands exactly what it says: “You must pay the rent or move out in three days.” If a tenant pays the rent that’s in default or moves out within three days, the notice is void. A landlord cannot lawfully file an eviction case if a tenant has made the situation right after receiving the notice.

Why is a 3-Day Notice Served?

In California, a landlord generally gives three days’ notice if a tenant is late or does not pay the rent. The court must be shown a written notice if an eviction process (unlawful detainer) goes to court. The landlord must prove that he legally served the notice on the tenant. A landlord cannot actually evict and remove a tenant without first obtaining an eviction order from the court.

A 3-day written notice to a tenant will be used as evidence in the eviction case if it goes to court. The notice supports and justifies the initial complaint of the unlawful detainer eviction lawsuit if the tenant does not make the situation right.

The court should attach the notice to the unlawful detainer allegation to show that the tenant was notified in writing, the rent was denied, and the time required to comply has elapsed. If a landlord wants to succeed in an unlawful detainer case, he must show that the tenant was aware, formally notified, and failed to comply with the 3-day notice.

How an Eviction Notice must be Served

Charging the previous outstanding rent, the tenant must be served a written 3-day notice for payment or leave before the eviction lawsuit is filed

Fundamentally,there are three ways to serve  notice:

  • Personally hand a copy to the tenant. A third party may do this.
  • If the tenant isn’t home or at his usual place of business, a copy may be delivered into his possession by serving the notice on a person of appropriate age at those addresses.
  • If no one is home, or a person of suitable age or discretion cannot be found, then a copy may be attached to the property in a clear place. A copy must also be mailed to the tenant to where he lives in the rental property.

 

What Happens When a Tenant Gets an Eviction Notice

The three-day time clock starts counting once the written notice is given for a 3-day notice to pay rent or quit. The landlord can go to court with an unlawful detainer action if the tenant does not pay the rent or move out. The tenant must act before the three-day period expires or risk facing an unlawful detainer lawsuit to evict him.

A landlord is not obliged to accept a payment less than the whole amount by the end of the three days of notice, but the landlord must accept the payment if it is the entire amount. After the three days are up, the landlord can evict the tenant if he doesn’t receive full payment. It is the landlord’s personal decision whether he will accept payment after three days or file for eviction. He may legally evict if the tenant doesn’t pay up in time.

The landlord is expected to file a summons and complaint in court if the tenant is unable to pay and does not leave. The court will set a date for a hearing, and a judge will hear the case and decide whether to evict the tenant or not.

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