When can I serve the 3-day pay-or-quite notice?

Question

I have a really problematic tenant. Since they moved in 5 month ago, they have never paid rent on time and always complain about the condition of the place. I have already served them the 3-day notice twice. In the past, I did it after the 5-day late fee grace period. However, our lease (the standard Califonia Assoc. of Realtor's Lease agreement) clearly says the due day is the first and is delinquent on the next day. Can I serve them the notice on the 2nd, even though the Lease gives them a 5-day grace period before the late fee is charged? I have a feeling this time, they're out of options (to pay my rent) and are ready to fight to the end, so I want to start the process as early as possible.

Thanks in advance.

Account Closed · Answer

Jim,

I consulted with an attorney on this issue last month. The attorney said serve the 3-day notice to pay rent or quit on the 6th of the month. We inherited a tenant from the short sale.  The deal was too good to pass up so we bit the bullet & moved forward. Tenant moved out on July 11th after we served the 3-day notice. Lucky us. :)

Say you served a 3-day notice & they paid.  After they paid the rent & the check is cleared or you cashed it, give them a 30-day notice immediately if they're month-to-month.  Early next month come around, serve another 3-day notice on the 6th if they haven't moved out or haven't paid rent. Basically, they have to move out regardless or you start the eviction process of the 9th.  You can't serve them a 30-day notice now if they are on a one year lease. You can only do that after the lease is up, or evict them if they don't pay rent.

Good luck.

Donna Smolinski · Answer

Jim... hello again neighbor :)
You can serve the 3 Day Notice one day after they are late.  IF they are month to month (not a long term lease), you can also serve them a 30-Day Notice To Terminate Tenancy (but it sounds like you have a lease in place).  If they do not pay after you serve them the 3 Day Notice, you better use an Eviction Attorney to follow up with the eviction.  It's VERY EASY to screw up the eviction if you do it yourself.  If they don't contest the eviction, it will probably cost you about $600-800 in legal fees (yuk).  If they contest, your legal fees will go up,

Keep in mind that CA courts are much more tenant friendly, verses Landlord friendly.   Evictions can sometimes drag on for several months (possibly longer if they file BK last minute).  Good luck!

If you need the "30-Day Notice To Terminate Tenancy" form, just email me.  Keep in mind, this is only if they are on a month-to-month tenancy.

Kyle J. · Answer

I use the same lease.  You can serve them the 3-day notice on the 2nd day.  The 5-day grace period only gives them an extra window when they can pay the rent late and still avoid the late fee (if they pay before the 5th day).  It does NOT change the due date, which is on the 1st.

Here's some information I found online from the courts on what to do after you serve the notice that might be helpful since you said they are "ready to fight to the end":

http://www.courts.ca.gov/1288.htm

Good luck!