Help with First 3-Day Notice

[Scott J.]

I'll be sending my first three day notice to a tenant and would greatly appreciate any advice you folks can offer.

I've spent a couple hours reading through the various eviction threads and have learned a ton. First off, I've decided to hire a lawyer since I'm in CA and these things can drag out. Mitch made a referral which someone else confirmed, so I'm very happy about that.

Background: There are four people in the house, two of which have horrible credit due to a foreclosure. None of any criminal background and they rented their previous place for three years.

The tenants have only been there for three months. Last month their rent check bounced. Two days later they paid a check that cashed along with a separate check for the $60 fee. The fee check bounced. I called her and she immediately said sorry and she'll pay me cash instead. Which she did.

March's rent was due yesterday. Getting nervous halfway through the day I left her a message, which she did not return (as she usually does). Today I plan on sending her a 3-notice to pay or quit and to contact an eviction attorney just in case.

She may just pay rent late like she did last month, although this is becoming an ugly trend. On the flip side, properties that rent for $1,850 take more time to rent so I don't want to make an enemy of her prematurely. Here are my questions:

1. In serving a three day notice. Should I do it in person or send a certified letter? People tend to own their responsibilities more when you are standing right there, but if anything goes to court it's just my word against hers. With a certified letter I have proof of receipt.

2. Are there any samples of a 3-day notice for CA anywhere? I haven't had any luck finding one in the threads.

3. What's your take on the situation?

Thank you!

[Joel Owens]

Just like a lender analyzing a workout and options with a borrower you need to do the same with your rent and contract with a tenant.

Is this a temporary problem they can get resolved or is it symptomatic of a bigger problem they cannot recover from in the short term??

I know some people say accounting issues and not accepting late but some people pay schedules etc. make it that way. Check to see if they get paid weekly or bi-weekly?? You can ask that if they pay early every month you will give them a small rent credit.

Sometimes tenants will just pay the late fees every month like clockwork and do it for years for whatever reason even if you present them other solutions. If that's the case I would not throw them out simply because of that. What you want is consistency. Paying late at the same time every month is better than having on time one month and then none the next month and then extra the month after etc.

A bunch has to do with the tenant base you are renting too and their income. A family working 2 jobs where hours and income fluctuates is different from a corporate salary type job. I know people are going to say tenants need to plan ahead but many of these people simply do not think about dollars and cents like we do as investors. Their minds work in a completely different though process and rationale.