Today I’m talking about how to evict a tenant for nonpayment of rent and 3 days Notice. Statistically, 9 out of 10 landlord-tenant lawsuits do involve non-payment of rent.
So I thought it would be appropriate to do this article to let people know what is the first stage of the process and evicting a tenant.
- Three Days Notice To Pay Or Quit
- 3 Days Cannot End on Sat, Sun or Holiday
- Comply With Civil Code Sec. 1962 & 1962.5
- What must go into the three-day notice to pay or quit
- Do Not Include Late Charges Or Other Fees
- Return Security Deposit Within 21 Days
- Rent Control Areas Have Special Rules
Three Days Notice To Pay Or Quit
So let’s begin to properly terminate a tenant for non-payment of rent. You must first fill out a form called a three-day notice to pay or quit.
After you properly serve the tenant which I’ll go over briefly be tenant then has three days to make payment.
If they do make payment then this notice isn’t effective and you’ll have to utilize other methods for terminating the tenancy if that is your desire to do.
3 Days Cannot End on Sat, Sun or Holiday
However, if the tenant stays beyond the three days and fails to pay beyond the three days. You may then go ahead and file an unlawful detainer and lawsuit.
Now that three days cannot end on a Saturday or a Sunday or a holiday in those cases you must give the tenant one extra day and then you can begin your suit and the legal process then begins.
If the tenant offers to pay the rent after the expiration of the three-day notice. You do not have to accept the rent payment.
However, if you do accept the RHIB payment you cannot continue with your eviction lawsuit.
Comply With Civil Code Sec. 1962 & 1962.5
Prior to the victim tenant, you must have done at least one thing in Civil Code section 1962, 1962 point 5.
States that the tenant must be advised in either separate writing or in a written lease of the name and address of the owner or manager responsible for the collection of rent.
How that Rin is to be paid and who is available for service of notice. If this has not been done prior to the filing of the three-day notice in that month. Then this must be complied with and you must wait another month before filing your three-day notice.
What must go into the three-day notice to pay or quit
1. Tenants Names
Obviously you must have the tenant’s names.
2. Description of the Property
You must have a description of the property the street address a city, the county in the state.
3. Demand for Past Due Rent
It must have a demand that the tenant pay rent and the exact amount due at that time.
4. You will Pursue Legal Action If Tenant Does Not Pay
It must have a statement that you will pursue legal action if the tenant does not pay.
5, State Lease Will Be Forfeited
It also must advise the tenant that the lease will be forfeited if he does not pay.
6. To Whom, How, And Where To Pay
It must have information on to whom, where and how the rent is to be paid similar to Civil Code section 1962 and 1960 two points five.
7. Signed By Owner
It must have a signature by yourself or your manager or other person authorizing the three-day notice.
Do Not Include Late Charges Or Other Fees
You do not want to include late charges, check bounced fees or any kind of interest utility charges or anything else as part of this three-day notice.
Return Security Deposit Within 21 Days
It doesn’t mean you cannot legally collect these fees, but please wait until you do it as part of your return on the security deposit it’s going to be a charge on the return of the security deposit and wait until that time to do so.
Rent Control Areas Have Special Rules
One thing to know is that if you are in an area that has rent control ordinances there are special provisions that must be added to this notice to pay rent or quit.
That’s it for how to evict a tenant for nonpayment of rent. if any questions about how to evict a tenant for nonpayment of rent then comment down below.
One thought on “How to Evict A Tenant For Nonpayment of Rent | 3 Days Notice”