You can find this free form on our website by click here -> 3 Day Notice to Pay Rent or Quit
On today’s wepisode, we’ll talk about the 3 day notice to pay rent or quit which is one of many notices we will cover. This video also includes a step by step guide on how to fill one out, so make sure you stay tuned for the remainder of the video.
Essentially, this notice is served to a tenant that is late on their rent. For example, if your lease agreement states that rent is due on the 1st, you can then serve your tenant a three day notice to pay rent or quit on the 2nd. This includes leases that have a grace period, such as “rent is considered late on the 4th” etc.
Any notice is the first step in the eviction procedure. This lets the tenant know that there is an issue that needs to be addressed. First, we’ll cover the basic anatomy of this particular notice.
When filling out a 3 day notice to pay rent or quit, we need to specify the names of all tenants, total amounts of rent owed, time periods of rent owed, address of the rental property, name of person to be paid, address of where to send/deliver payment, dates and hours that payee is available at said address, contact info of payee, and of course a date.
Once this form has been properly filled out, you must then serve this notice to the tenant. There are 3 ways you can serve it.
The first method is by personally going to the tenants address, knocking on the door personally handing the notice to one of the tenants mentioned in the notice. They must be at least 18 years old to be legally served.
The second method is by sub serving the notice to someone at the property. This can be any adult who is not listed on the notice.
The third method is by posting (with tape, or tack) the notice somewhere on the front door where it is easily visible. This method is to be done only after you’ve had no luck with the first two. You then need to send a copy of the notice via post office, regular postage.
Don’t forget to keep a copy for your records!
You have now successfully filled and served a 3 day notice to pay or quit. The next step of the eviction process is to fill out a Proof of Service, or POS as it’s often called. This, we will cover on a separate video.
Let’s cover some common questions so that maybe we can clear a couple of things up.
How do you count the 3 days? First off, any notice cannot end on a weekend or holiday, but it can be served on any natural day of the year. Here is a quick example.
You served the notice on Thursday, January 3rd. We count the 4th as day 1, Saturday the 5th as day 2, and the 6th as day 3. In this case, day 3 falls on a Sunday which you already know a 3 day notice cannot end on a Sunday, so the notice will then expire on Monday the 7th of January. The same principal applies to official holidays recognized by the California courts system.
The amount due totals cannot include anything other than the concept of rent due. In other words, you cannot list late rent fees, overdue utilities or other damages you want to charge your tenant. For this, you will need to fill out and serve a 3 day notice to cure (which we’ll also cover in a later video).
The monthly rent cannot be higher that what is stated in your lease unless your lease is month to month or the current lease has expired. Rent increase notices make this part a little easier!
As always, thanks for watching. Remember, if you have any questions regarding any of the topics we cover, please visit www.fastevict.com or call us at 1-800-686-8686 for a free consultation. My name is Cesar, and we’ll see you on the next one.