What is a Three Day Notice to Perform Conditions and-or Covenants or Quit
As of January 1, 2020, a new law known as AB 1482 has been implemented in California. This law imposes rent caps on most residential rental properties and introduces “just cause” eviction requirements.
If the tenancy is protected by just cause, AB 1482 prohibits landlords from (1) terminating a month-to-month tenancy or (2) choosing not to renew a fixed-term lease without providing an acceptable reason for termination. It’s important to note that a tenant’s refusal to grant lawful entry to the residential property authorized by law is considered an acceptable reason for termination.
It’s worth mentioning that AB 1482 does not apply to properties that are subject to a local ordinance requiring just cause for termination of a residential tenancy, provided that the ordinance was adopted on or before September 1, 2019. If a subsequently enacted local “just cause” ordinance offers greater protections to the tenant, that local ordinance will take precedence.
Additional 3 day notice
If your property is governed by AB 1482, once the Three-Day Notice to Perform has expired without the tenant’s compliance, you must serve a Final Three-Day Notice to Quit for Breach of Covenants. If the tenant fails to vacate the premises after the expiration of the Final Three-Day Notice to Quit for Breach of Covenants, you may proceed with filing an Unlawful Detainer.
However, if your property is exempt from AB 1482 and not subject to a local just cause ordinance, once the Three-Day Notice to Perform has expired without the tenant’s compliance, you can proceed with filing an Unlawful Detainer.
Important! If the tenant has failed to pay rent and is also in violation of the Rental/Lease Agreement for other reasons, such as unauthorized occupancy, it is strongly advised not to use this form without seeking guidance from an attorney first. Serving a Three-Day Notice to Pay when the tenant is in breach of their lease could potentially waive your rights to enforce those lease provisions. To determine the appropriate notice to serve first, it is crucial to consult with an attorney.
What is a Notice to Perform Conditions and/or Covenants or Quit?
The “Notice to Perform Conditions and/or Covenants or Quit” form is utilized when a tenant is denying entry to the property owner, despite being authorized by law. This notice serves to inform the tenant that they must rectify the violation within a three-day period. Please note that when counting the three-day timeframe, the first day should not be included. In the event that the third day falls on a Saturday, Sunday, or legal holiday, the tenant must
How to prepare the notice
Please provide the names of all individuals who have signed the Rental/Lease Agreement, using the same format as stated in the Agreement. Include both their full names and any aliases (also known as “aka”). If the names are unknown, you can add “and all others in Possession.” If there are adults residing in the unit who have not signed the Rental/Lease Agreement, it is advisable to consult with an attorney to determine whether they should be named in the Notice or if alternative action is required.
Ensure that the property address is accurate. If it is incorrect, you will likely face challenges with eviction until a correct Three-Day Notice is served.
Conditions and/or Covenants Breached:
Specify the particular conditions and/or covenants from the Rental/Lease Agreement that have been violated, making reference to the relevant paragraphs in the Agreement (including any applicable addenda).
Description of Breach:
On the first line, indicate the date and time of the attempted entry to the premises. Then, note the date and time when the Notice to Enter was served to the tenant. It is crucial to provide a detailed and specific description of the breach. Include factual information that allows for the determination of the breach’s date, location, witnesses, and circumstances relating to the tenant refusal of entry. Avoid using vague, ambiguous, or brief descriptions, as these may render your notice invalid. For example, instead of stating “entry was refused” when a tenant denied access, provide a more detailed description such as “On January 1, 2020, after receiving a proper Notice of Entry, when the management team knocked on your door, you refused to cooperate and denied access to your unit.” If space on the form is insufficient, write “continued on the next page” and attach an additional sheet of paper with your complete description.
How do you count the days of the notice?
When calculating the duration of a notice, the day on which the notice was served to the tenant is not included. If the final day (Day 3) happens to be a weekend or a court holiday, the tenant has until midnight of the next business day to either vacate the premises or make the rent payment.
If you do not accept payments in person, please indicate “N/A” in the designated time spaces. In cases where personal delivery of rent payments is not permitted, rent is considered received on the date of mailing if the tenant can provide proof of mailing.
Saturdays, Sundays, and judicial holidays are not counted when determining whether a 3-day notice to pay rent or quit, or a 3-day notice to perform covenants or quit, has expired. Consequently, if the 3-day notice is served on or between Thursday and Saturday, or if a judicial holiday falls within the 3-day period, the tenant will have additional time to either pay the rent, rectify the breached covenant(s), or vacate the premises.
Important info on Security Deposits
When a landlord serves a Three-Day Notice to a tenant, they are not obligated to provide the tenant with a notice regarding their right to an initial inspection. Furthermore, if the tenancy ends as a result of the Three-Day Notice, the landlord is not required to conduct an inspection, even if the tenant requests one.
Under California law, when either the landlord or the tenant gives notice to terminate the tenancy, they have the option to mutually agree on certain procedures. Specifically, the landlord may choose to (1) send the Itemized Disposition of Security Deposit (along with supporting documents) to an email address provided by the tenant and/or (2) electronically deposit any remaining portion of the security deposit into a bank account or financial institution specified by the tenant.
How to serve the notice
The Notice form provided contains a Proof of Service section, which should be completed immediately after serving the notice on the tenant. It is permissible for either the landlord or any individual who is at least 18 years old to serve the notice to the tenant. The person who carries out the service is referred to as the “Declarant.”
It is important for the landlord to make an attempt at personal service by delivering the notice directly to the tenant at their residence and place of business before resorting to “substituted” or “post and mail” service. Personal service entails physically handing the notice directly to the tenant. In cases where multiple tenants have jointly signed a Rental/Lease Agreement, it is sufficient to provide copies of the notice to one of the tenants listed on the agreement. However, if there are multiple tenants without a written Rental/Lease Agreement or with separate agreements, the notice must be served separately to each tenant.
If the landlord is unable to locate the tenant at their home or business, the next option is “substituted” service. This involves leaving a copy of the notice with someone of “suitable age” at the tenant’s home or business and sending a copy of the notice by mail to the tenant’s home address. If the landlord lacks the tenant’s home or business address, or if no person of “suitable age” can be found at those locations, the landlord can proceed with the final option known as “post and mail” service. This entails affixing a copy of the notice in a noticeable location on the property and sending a copy of the notice by mail to the tenant at the address where the property is situated.
Other things to keep in mind
Please refrain from using this form if the property falls under Section 8 housing, qualifies as “affordable housing” according to AB 1482, or is subject to a local rent control ordinance. In such cases, special guidelines and procedures must be followed.
To protect yourself and strengthen your case, if possible, it is advisable to have one or more independent witnesses present to witness the violation. Their testimony may be crucial in court proceedings.
Maintain detailed notes and records regarding the dates and times of the violation. Additionally, taking pictures of the violation can provide valuable evidence.
Exercise caution when using this form and only utilize it for significant or blatant violations. Proving your case in court can be challenging and expensive. Losing in court may further complicate the situation with the tenant.
If the tenant fails to rectify the violation and you intend to terminate the tenancy, it is important NOT to continue accepting rent. Doing so will waive the validity of this Notice.
Filed under: News and Updates