Serving first 3-day Notice to Pay/Quit - Any helpful experience?

Question

I'm serving a 3-day notice to pay or quit this afternoon. It's totally my fault; I allowed an alternative method for a month, and the tenant took full advantage of my willingness to work with her. I've heard nothing for a few days.

I understand what the process if she doesn't answer, but this is a real pain in the rear. She's been a decent tenant for the first 12 months of her lease, but it was full of late payments and excuses. From now on, I must be strict. I admit, I've been very lucky in the past, with wonderful tenants, this is my first tenant that has had any issues. I didn't pay attention to  the excuse pattern until recently, when an agreed upon term was not met, nor was there a call regarding it.

I know what I must to do, legally, to get past due monies and how to move forward if she responds/fails to respond. This thing makes me nervous as I've heard some horror stories from Landlords as California is a tenant friendly state.

Does anyone have any helpful tips, experience they'd like to share with this kind of situation?

Cheers, Elena

Katrina Edwards · Answer

I try and set expectations with the tenants upfront.  I also squeeze the grace period from rent due to late fee application down to three days.  I make an extra effort to make sure the renters know that rent is DUE on the first, LATE on the second and late fees apply after the third.  Lots of folks have 5-10 day grace periods, but I think that gives the tenants a false sense of it being OK to push payment to the late fee date.  Just my 2 cents.

Let us know what happens with your renter.

Neil G. · Answer

across clients i see a growing trend here in socal to post 3 days notice to pay or quit as early as the day after the rent is due, which is likely due to the currently crashing economy as well as since california law stipulates that the Notice cannot reflect any late fees, it makes sense to do just that from now on to start the ball (3 days rolling) towards UD.

Kyle J. · Answer

The landlord doesn't need someone else to serve a 3-day notice in California.  The landlord can do it him/herself.  If it gets all the way to the Unlawful Detainer lawsuit, then that's when you'll need someone else to serve that paperwork for you.  It can be a process server, the Sheriff's Office, or anyone over the age of 18 who is not a party to the lawsuit.

Kyle J. · Answer

Sorry to hear about your tenant troubles.  It happens to most of us at one time or another.  Think of it as a learning experience.  I bet you won't let it get to the 25th of the month before you serve the notice next time. :)

First thing you need to do is make sure your notice has the required information in it (i.e. name, address, and phone # of person to pay; exact amount of rent that is due; do not list any late fees in the notice; where and how payment is to be made; etc).  Then make sure it is properly served (i.e. personal service, substituted service on another person, or "nailing and mailing").

Then wait the 3 days to see if the tenant pays.  (Note: Begin counting the three days on the first day  after the notice was served. If the third day falls on a Saturday,  Sunday, or holiday, the three-day period will not expire until the following  Monday or non-holiday. If you served it via the "nailing and mailing" method, service of the notice is not complete until the  copy of the notice has been mailed. The 3-day period begins the day after  the notice was posted and mailed.)

If the tenant doesn't pay, it's time to file an Unlawful Detainer lawsuit.

For what it's worth, I realize California has a notoriously bad reputation for being tenant-friendly (and that may be more true in some parts of the state than others).  However, I've actually spent time at the courthouse sitting in on eviction hearings to learn more about them and haven't found much to warrant the reputation of being overly tenant friendly.  It was actually quite fair and expedient.  In every case I saw the landlord was prepared and in the right and won their case.  Not to say there aren't some jurisdictions or isolated incidents that could be different, but that could happen in any state.  Just be prepared when/if you have to go to court and you should be okay.

Hope it works out for you.

Jai Coward · Answer

Hello all, I know this thread is old but I figured the title was still relevant, as I am preparing to serve my 1st 3 Day Pay or Quit.

My tenant is currently on a month to month lease - has been in the property for about 20 months now.

She is past due on her July rent, looks like August won't be any different. She refuses to communicate as to why she is always late, or even to set up a plan - for which my wife and I are completely willing to work with her on. In CA, I understand I have to give 60 days notice for tenants who have lived in the unit for over a year, but, I also know there are certain circumstances, like paying rent late or not at all, that allows Landlords to expedite the process. So, because she is in violation of the lease by paying rent late (almost every month by the way), can't I just serve her with the 3 day pay or quit and tell her to leave in X days instead of needing to use the 60 day notice?

Also, do I have to do a formal walk through in these processes, or is it about getting my unit back from the tenant first and foremost and then having the time to do all the admin stuff (walk thru, inspection to determine deposit return amount, etc.?)

If someone could walk me through the exact process in this scenario, I'd greatly appreciate it! Process meaning, can I post the 3 day or Unconditional quit notice or does it still have to be the 60 day notice... who has to serve it using the "post and mail" option... once it is served, after the allotted time expires without payment, what do I do next... etc.?!?!

Thanks!

Neil G. · Answer

Wow that sounds dirt cheap compared to what my LA attorney quoted, which included $300 just to buy a case # from court to put on the Summons, then $100 per TENANT to be served by registered process server (in my case 4 on the lease plus a couple john does!) and the statutory fees already racked up close to $1k not even including his fees

i would have thought in all counties of CA it would be around the same, since its the same court (Superior)

Stephen Haynes · Answer

In Sacramento county most evictions cost less than $ 1000

Michael Noto · Answer

If an attorney is handling the eviction let them deal with everything and limit your interaction with the tenant to just responding to urgent maintenance requests.

If you are handling the eviction make sure you are following the laws of your state to a T when evicting them. Any misstep could cause a serious delay in getting them out.

Every investor goes through this. Don't let it get you down.

In my 10+ years as a landlord I have never had someone catch up on rent after they fell behind at least a month. If there is no money there is no money. I

To protect your interest always serve the notice to quit the first day you can this way if you need to proceed with a full blown eviction you have already taken the first step.

Neil G. · Answer

Amen, investment sister! I'm currently going thru the same thing (tenants have ignored the 3 day to pay or quit and lawyer said it will cost 3 to 6 THOUSAND to evict so he said just do it myself or through a paralegal.. theres so many boxes to check off on the Complaint & Summons!).

In your case.. it sounds like she's already somewhat packed and ready to quit?

Serving first 3-day Notice to Pay/Quit - Any helpful experience?

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