Every state has their own laws for how a landlord can evict a tenant. As per the laws in California, a landlord is required to send a “3-Day Notice” to the tenant before taking any legal action or proceed with the eviction. However, there are times when it is the tenant who has good reason to fight against the eviction. This article will talk about what a 3-day notice is, when this notice can be used, how a tenant can respond to it, and more.
When can a landlord use this notice?
As per the California laws, a landlord can send a 3-day notice to the tenant due to following reasons-
- Non-payment of rent on time
- Violating the terms of rental agreement
- Damaging the rental property
- Committing nuisance for the neighbors
- Using the property for unlawful purposes
No matter what the reason is, when a tenant receives this notice, they either have to take responsibility for the action or vacate the property. If the tenant does not vacate the property even after this notice has expired, the landlord can then take the matter to court. If the tenant has a reason to fight against the charges in the notice, they can do the same in court.
How to respond to a three-day notice?
For instance, if the notice is due to non-payment of rent, if the tenant is not able to pay the rent, they can try to negotiate for a partial payment during this 3-day period. However, remember that the landlord is under no obligation to accept partial payment and can continue the eviction process or take the matter to court. If at all, any payments have been done after the notice, they should be properly documented by the tenant as they can be used in court if the landlord goes to the court.
An important thing to remember here is that this notice is not an eviction notice. Even after receiving the notice, tenants can try to resolve the problem with the landlord to prevent the eviction. If this notice is ignored, the landlord can then start the eviction process in court.
If the notice is received by the tenant due to reasons, like nuisance, damage to the property or illegal activity at the property, the tenant should quickly respond to it. Once such a notice is received, the tenant should vacate the property as soon as possible or the problem can worsen if the matter reaches court.
How to count the three days?
This 3-day notice expires at the midnight of the third day from the next day when it was issued. However, if the third day is not a business day, it will expire at the midnight of the next business day. Remember that the day on which the notice is issued will not be counted. So for instance, a 3-day notice issued on Monday will expire at midnight on Thursday. And if Thursday is a holiday, it will expire at midnight on Friday.
Proper service of notice
Under the law of California, a landlord has three options when it comes to issuing a 3-day notice.
- The landlord or his/her agent can personally hand over the notice to the tenant at rental property.
- The landlord can also mail the copy of this notice through certified mail, registered mail or regular mail. If the notice is mailed, the landlord should also request a return receipt.
- If at all, the landlord fails to give the notice to the tenant personally, they can leave it at a conspicuous location at the property, like taping it to the front door.
It is very important for the landlord to make sure that the notice is properly received by the tenant. If it doesn’t, the landlord would be required to again send the notice. Until the notice is not properly received by the tenant, the counting of three days will not begin.
If you are a landlord or a tenant, use the above-mentioned information in the best possible manner to try and avoid getting involved in a legal battle. So, landlords and tenants should try to resolve the matter themselves with involving the court as once the case is in court, it can consume a lot of time, money and energy.
It is best to contact your legal representative for the most up to date law and regulations to properly serve your notice. Fast Evict is always available to answer any questions you may have about your situation. Please give us a call at 1-800-686-8686 and we will be happy to help. For our landlord and property manager visitors, we have free California eviction notices which can be downloaded and printed:
- 3 Day Notice To Pay Rent or Vacate (Residential)
- 3 Day Notice To Vacate
- 3 Day Notice To Pay Rent or Move Out (For Lease Agreement Tenancy)
- 3 Day Notice To Pay Rent or Quit (Commercial)
- Complete list of free California eviction notices on our site
At Fast Eviction Service, help on any of the issues discussed in this article is simply a click or phone call away. Email firstname.lastname@example.org or call our office at (800) 686-8686 to discuss your questions for a free evaluation of your case.
Five Reasons To Evict Your Tenant
Eviction is a mandatory part of rental business but a majority of landlords don't really understand what eviction means. In simple words, it means to legally expel an existing tenant from your rental unit or property. Here the term Legally has been deliberately added to enhance the significance of evicting tenants in a legally acceptable manner. Read More...
Should I Let My Tenants Use Up The Security Deposit As Rent?
The security deposit is an important part of any tenancy agreement because it ensures that the landlord would always have some security money from the tenant which can be used up in case of any emergency during the tenancy period. The bond normally comes in handy when the tenant disappears all of a sudden or when you need to get some repairs done after the tenant has left the property. Read More...
Changing Locks On Rental Property - What Landlords Must Know
Changing locks on rental property becomes a big issue for both landlords and tenants because they usually aren't aware of the rules regarding lock changing. Whether it is the tenant changing the locks or the landlord, there are a few things that are to be understood beforehand. Read More...