"Pay Rent or Quit" Notice

[Christian Malesic]

In the effort of continuous improvement, I ask the following...

When tenants are late we post the standard Pay Rent or Quit notice or their door. Sometimes this works and we get paid, other times it just begins the long process of eviction.

The problem is this: Pay Rent or Quit is legal gobblygook. Tenants do not understnad the or Quit part.

Does anyone know if we have to use these words, or can we title the form Pay Rent or Move Out?

[Steve Shanes]

Hi,

Got this for you from the Santa Clara Superior Court
Self Service Center. Though you didn't say where you are from, these general rules are likely to be true. I'm not an attorney so it's hard to be sure but I feel this means something like "don't change a thing".

Anyway, I think nothing can go wrong if you attach a letter in simple words explaining this is a legal form you sent, and what you ask your teanants to do.

"
3-Day Notice to Pay Rent or Quit:

You can use this notice when the tenant is behind on the rent. You don’t have to fill out this notice as soon as the rent is overdue. A lot of tenants are sometimes late with rent.

Before you fill out this notice, contact the tenant. Find out if the rent is on its way. But, if you think the tenant won’t or can’t pay the rent, fill out the notice as soon as possible.

The notice:

Has to be in writing
Has to have the title "Three Day Notice to Pay Rent or Quit"
Has to say the name of the tenant
Has to say the address you’re talking about
Has to say exactly how much rent is overdue
Has to say why that much rent is due and the dates the rent was due
Has to give the tenant the chance to pay the rent or move out in 3 days
Has to say that if the tenant doesn’t pay in 3 days, they’ll forfeit the lease.
You have to sign and date the notice
Be very careful when you fill out the 3-Day Notice to Pay Rent or Quit.

The notice won’t be valid if you:

Don’t say how much money is due,
Ask for more money than what is due,
Ask for rent that was due more than 1 year ago,
Ask for something that’s not rent. This can be late charges, interest, utilities, property taxes, or damages,
Tell the tenant to "pay rent and quit" (instead of "pay rent or quit"), or
If you don’t let the tenant chose to forfeit the lease. This is called “election of forfeiture.”

" [end]

Check with an attorney as well!

Steve