3 day notice to pay or quit proof of service
3 day notice to pay or quit proof of service
Get

3 day notice to pay or quit proof of service

Get Form

FAQ

What is something you need to rant about?
THE COMPLETE INCOMPETENCE AND INEFFICIENCY OF OUR MUNICIPAL BODIES IN THE U.S.This morning I received a text message from my mother and it was a picture of a jury summons letter sent to me, in my name. The envelope had HUGE BOLD RED LETTERS on the front that said “Notice of Failure to Respond to Your Jury Summons”. Inside the letter was a list of penalties, fines, and even a threat of jail time for not responding to the jury summons.For those of you who are foreign to the U.S. court system, every U.S. Citizen is required to perform jury duty if summoned after they turn 18. Some people never get called for jury duty (my mother and brother have never once received summons), and some people get letters to do it every two years (me). Which is an entirely different rant altogether. If you don’t respond to the jury duty summons or fail to attend on the day they asked of you, you can face large penalties/fines or face imprisonment. It’s pathetically drastic and excessive. But whatever, civic duty, fuck yeah!ANYWAY, this morning I get this text message and I immediately chuckle because the jury summons is for Los Angeles County and I live and have lived in Portland, OR for over 3 years and also haven’t lived in my mother’s house for over 5 years. I figured, this would be a simple fix, that I would call the Los Angeles County Courts hotline and let them know I’ve moved and they need to update their records per the DMV.The conversation goes like this:*ring, ring* Dial one for english… punch in your jury code…punch in your jury code again…list of options that don’t apply to you…mash the fucking zero button until a representative gets on the line….Operator: Los Angeles County Juror Services, how can I help you?Me: Hi, my mother just notified me that she received a letter in the mail that I have failed to report for jury duty.Operator: So why haven’t you responded?Me: I am, right now, this is the first I hear of it and I think you have your records wrong, I have not lived in Los Angeles County nor California for over three years.Operator: Have you updated your records with the DMV?Me: Yes, I am a permanent Oregon resident and have been for 3 years. I have an Oregon Driver’s license and I am registered to vote in Oregon.Operator: Well, that’s not what our records show.Me: Where do you get your data?Operator: From the California DMV.Me: When was the last time you have updated your data? Because even in the California DMV I have moved from my mother’s house and yet she’s still getting letters from you.Operator: We don’t need to update our data. You need to update us.Me: Huh? I need to call the juror service hotline and let them know I no longer live in California? Why don’t you just update your data with the DMV?Operator: It is your responsibility to update the DMV.Me (as calmly as I could muster): I have updated the DMV, I have an Oregon Driver’s License, you haven’t updated your records.Operator (now having big attitude): You’re the one who hasn’t notified the DMV because our records show that in California you still live at your mother’s address and you’re telling me that you now live in Oregon but we never received proof of that.Me: You’re not understanding me, when I re-register to vote and change my permanent address, it is up to you to update your own records and communicate with the California DMV that has received notice from the Oregon DMV that I no longer live in California. I’ve done my due diligence, your system is inefficient, you’re wasting paper and my time.Operator (now yelling at me): Well, if you want us to update our records you’re going to have to fill out a form and provide proof of Oregon residence via ID and a utility bill.Me: No, I’m not going to do that. You can call the Oregon DMV yourself and verify that I have changed my address years ago and sort this out. I don’t have time for this.Operator: So you want to be in contempt of court for not showing up to your jury duty??You get the gist of this 30 minute phone call. It went around in circles. I would like to say that this woman was just bad at her job or didn’t know the system, but unfortunately, THIS IS THE SYSTEM. The municipal governments throw millions of dollars into a hole that is labeled “bureaucracy” and the red tape is so fucking thick you need a pair of scissors with a 50 carat diamond blade to cut through it. This woman is one of hundreds of interactions I have had living in the U.S. and trying to do my due diligence. Paperwork gets lost, going online is still apparently a nonexistent unicorn for municipal governements, phone operators are rude, everything costs you an arm and a leg. It takes months and sometimes years for you to have an arraignment on a simple traffic violation. I can almost guarantee you that even when I do provide proof of Oregon residence, my mother will still get a jury summons for me at some point in the future.It’s inefficient, it’s a waste of my precious time, it’s expensive, it’s wrong for tax payers to continue to pay for these “services” and it’s quite frankly insulting. There has to be a better way to get things done.
Why did I receive a 3 day notice to pay rent or quit when I had proof of payment?
It’s probably an accounting error.If the property manager didn’t update the accounting software correctly to indicate that you paid, the software prompts an automatic 3 day notice to be delivered to the tenant who is in arrears.Contact your property manager to find out what happened and get this cleared up right away.
How long can you typically go without paying your apartment rent if you got a 3 days notice to pay the rent or get out?
The land lord has to go to court to throw you out, (actually, to enter your apartment, and to remove everything in it and put it at the side of the street).The pay or quit notice tells you when that will happen, usually 30 days. So if he goes to court, and if the court grants him possession, he can do that after court. `However if you are duely summonsed, and you do not show up, the judge has a choice to go ahead anyway (if he has reason to believe that you could have been there, and are just stalling), or to give you a continuance, another court date in 30 days. If you do get the continuance, you will still be made to pay, but you have another 30 days before they come to move your stuff out, and yes you will have to pay the next rent due, as well. The judge can grant another continuance if he feels that either party has a good reason to get one. But this is less common. And if he gets the feeling that one party is stalling (usually the tenan) he will make his judgement in your absence.So you have longer than three days, but after three days the landlord will request the court date and for you to be summonsed.And this will go on your credit record. It would be better business, and protect your credit rating if you pay the rent now using a credit card, and pay the card back when you get the money that you expect. If you are not regular in your payment of the rent, the next landlord may not want you as a tenant.Good luck.
What's the proper way to serve a 3 day notice to pay or quit in California?
Service of NoticeThe 3-day notice to vacate must be served personally on the tenant, on a subtenant of sufficient age and discretion and by mailing the California eviction notice, or by serving the tenant at his or her place of business. If none of these can be accomplished, then alternative service can be accomplished by affixing a copy to the apartments’s door or leaving it in a conspicuous place and mailing a copy.If You Need an Eviction Notice for California, We recommend this California Eviction Notice Kit. This has everything you need to do an eviction in California and we’re currently offering it at a special discounted price.The eviction notice must state the amount of rent owed, the date it must be paid, the provision of the lease that has been violated and when it must be remedied, and that an unlawful detainer lawsuit will be filed if there is noncompliance. It must also be signed. The landlord must be sure that any grace period for paying the rent has passed or the notice may be deemed insufficient. Further the notice should declare that on a specific date, the lease will forfeited for noncompliance. The 3-day period begins the day after the notice is posted or is received by the tenant.If a tenant has committed a material breach of the lease, the landlord has the option of automatically terminating it without any opportunity for the tenant to remedy the breach.
I'm about to be evicted. I'm 5 days late with my rent, and the 3 day-or-quit notice is up. What can I do if I can't pay for two more days?
A lot of rentals will have a certain grace period, and an option to pay a late fee if you can’t pay on time. I’ve done it once or twice in my 10 years as a renter, and of course communicated with the apartment manager first. Regardless of whether you’re facing eviction or not, now would be the time to call on family or friends that can help out or provide a temporary place to stay. Another avenue to go down would be selling anything valuable or pawning it. You can also use public storage if you have many belongings. Look into getting unemployment if you’ve lost your job, or any kind of public assistance that’s available to you.The economy and job market have been a bit unpredictable lately, so I think a lot of people are feeling pressure. Hope it works out!
How long does it really take to get evicted from my apartment after you get a three day notice?
This will vary from state by state and how much on the ball the landlord is. In my state it will depend on whether or not the tenant responds to the Eviction Complaint. In general after the 3 days, you can file the Eviction Paperwork with the court and have it served to the tenant.If the tenant does not respond within 5 days, which is the case most of the time as they must put up rent with the court if they do respond, you can then file a request for default. You then twiddle you thumbs waiting for the judge to sign the paperwork.At that point you can file Writ of Possession with the sheriff’s office.So In general if you do not goof off and file the 3 day notice right away once rent is late you can have them out by the end of the month.Also if you are being evicted you might look into city social services and various charities as there are ones that help in situations like this.
Is there any way to put a stay on a 3-Day Pay or Quit notice in California (rent controlled building)?
You are in a unique situation being in a rent-controlled building in California. Rent control is not statewide in California and is only in select cities. Because of this, each City administers its rent control program differently, which means nobody can begin to answer your question without first knowing the city you are in.As others have suggested, it will be resolved if you pay your rent, of course. However, I assume that if you could pay your rent in three days, you wouldn't be asking this question. The fact that you are in a rent-controlled area may provide you with options other than payment, so be sure to look into your local rent control ordinances.
Can I be evicted with just 3 days to pay or quit the notice, or do I have until after a court hearing for an unlawful detainee?
First, look into your state’s laws, and consider obtaining legal assistance.Secondly, if the state has a process through court to evict- and frankly I do not believe any states now allow ‘self-help’ evictions- then you have a right to remain in the property until after a court date, and likely even longer since courts will usually issue a ‘writ’ or ‘warrant’ for a lockout. Only a court officer can perform a lockout (while I do not know all of the state laws, nor claim to do so, the overwhelming pattern has been to do away with self-help evictions).The notice stating you must ‘quit’ probably provides to you fair notice that in remaining after the date in the notice, and having not paid the rent, you might be sued for eviction (possession) in a tenancy action. Read the notice carefully. If it threatens a self-help lockout (landlord threatens to lock you out on their own), this might be illegal under your state’s laws. In most, if not all, states the landlord has to take you to court to evict you.Regarding payment, it, again, depends on state laws. In many states you are able to pay the rent on the date of court to have the case dismissed. But look up your state laws, and consider obtaining legal counsel. All states also have legal aid organizations. If you have low to moderate income, many counties also have rent assistance charities and county agencies. In some specific instances, you may also be able to apply your security deposit to back rent. This will depend upon your state’s laws and the specific facts of your case. I would advise you obtaining legal counsel.
Get Form