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.
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.
I want to break the lease with my landlord. I am in California. Can I just wait for a 3 day notice to quit, move out, give the keys, and avoid an eviction record and not be responsible for the remaining rent?
I can only speak about Texas, but in Texas, when you get a 3-day notice-to-quit & vacate, that IS the beginning of the eviction process.If you get out and surrender keys within the 3 calendar days it allows, then you won’t become named in an eviction suit. You can’t evict someone who has already given you possession and vacated.If you also pay any back rent you owe, then you only have to worry about future rent for the remainder of your lease, until the landlord signs with a new tenant.The Notice To Quit & Vacate is not a matter of public record, so there’s nothing to follow you around later, except probably your landlord’s bad recommendation to future landlords. That settles you up free and clear for whatever caused the eviction notice.But there is still the question of remaining months on the lease, and you will be responsible for at least a month of that, maybe 4–5 months if it takes that long for your landlord to find a new tenant. You’ll get a Demand Letter from your landlord, or maybe from his attorney, and if you don’t pay the amount it demands, you will be looking at a different lawsuit, other than the eviction suit you were originally facing when you got the 3-day eviction notice.In Texas (and this may not be the case in any other state), the landlord has what’s called a “Duty To Mitigate”.If you break the lease four months into a 24-month lease, the landlord can’t turn around the next day and sue you for the remaining 20 months.He must make good faith efforts to find another tenant, and when he’s successful in that, your financial obligation ends as soon as a lease begins with the new tenant.He knows, at that point, how much to demand from you and sue over if necessary. That was something he didn’t know when you handed in the keys, because he could sign a lease with a new tenant that same week, a few months later, or any time in between.If it takes him four months to get someone else in there, you are responsible for any back rent you left owing, plus the four months the property sat vacant.“Good Faith” means the landlord can’t take that opportunity to start a 6-month remodel of the house before spending four months getting a new tenant into it.Efforts to find a tenant must be made as soon as he can get it restored to the state it was in when you took possession, all repaired, cleaned up, and ready to rent.And he can’t delay that (if somehow he even wanted to) by doubling or tripling the rent, unless you were getting a heck of a deal, like half prevailing rental value for such a house. He must be trying to rent it at fair market value.
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.
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.
In California, what “illegal activity” is grounds for giving a tenant 3-day notice to vacate?
Any activity that is against the law. Common ones encountered in residential properties include prostitution, drug use, manufacturing, possession, and distribution, fencing, chop shop, theft rings, etc.It helps if your tenant has been arrested or is under indictment but that's not strictly necessary. If you have evidence of illegal activity but it's not sufficient for a criminal prosecution you may still prevail since the burden of proof in a civil matter is much lower than for a criminal matter.
What is the best way to respond to a 3-day notice to Permanently perform covenant or quit?
If you are willing to avail an adequate assistance regarding this, you must consult with any expert eviction attorney, who can deliver you the best assistance regarding this. There are several reputable eviction law firms, wherefrom the best assistance regarding the response of 3 days eviction notice to permanently perform convent or quit can be easily acquired, but before having their services, people must be sure that these law firms are duly certified by any reputable organization. For having any more detailed information, you must consult with the experts, who have adequate knowledge regarding all such aspects.