Monday, December 18

Three Day Notice to Pay or Quit

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This article is specifically with regards to rental laws in the state of California

The landlord gives Tenants three day notice due to failure to pay rent, then the tenants has up to pay the rent or quit, in other words move out.  The notice must contain the exact amount that is owed on the rent and clearly state to whom the rent should be paid to, including address and phone number to the person the rent is to be paid to.  If the landlord accepts any payment then the notice is null and void, even if it is a partial payment.  If the amount of rent you were asked to pay is not correct it is important that you discuss this with your landlord immediately and offer to pay the amount that is actually owed.

Begin counting the three days the first day after the notice.  In the third day falls on a Saturday, Sunday, or holiday, the three-day notice will not expire until the following Monday or next business day.  If an agreement was reached between the landlord and tenant said the agreement should be in writing to protect both parties. 

A three day notice to pay or quit will supersede a 30 day notice to move, if you are on a year lease. Do not think that because you have not received a written 30 day notice to move that you can disregard the three day notice.  The three day notice was served because the tenant has failed to pay rent which is a violation of the existing lease and will hold up in eviction court.

If the tenant and landlord do not reach a suitable agreement for the tenant does not pay the amount of rent that is past due then the landlord should move on with the eviction process, in which case the landlord should file an unlawful detainer with your local superior court.

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