3 Day Notice to Pay Rent or Quit – Los Angeles, West Hollywood, Beverly Hills and Section 8 Compliant
|Prepared By: Melissa C. Marsh, Los Angeles Landlord-Tenant Attorney
Written: October 2017
When did preparing a California Residential Three Day Notice to Pay Rent or Quit become so difficult? As many of you know, evicting a tenant in California, especially in a rent controlled jurisdiction like Los Angeles, West Hollywood, and now Beverly Hills, can be a challenge. If the landlord makes just one small error in the Three Day Notice, or in the unlawful detainer paperwork, the landlord is likely to lose the eviction case and will have to start the eviction process all over again with a brand new Three Day Notice.
Every eviction is based on a notice. That notice is often a Three Day Notice to Pay Rent or Quit and I cannot reiterate enough how important it is to have an attorney prepare the Three Day Notice to Pay Rent or Quit. Yes they are available on the internet, but they should not be relied upon. Why? Some attorneys put them out there to get your business, quote a low fee for an uncontested eviction (which rarely occurs) and then on the day of trial, or just before, advise you that the Notice you downloaded off the internet was not filled out properly. In other cases, the property many be under a rent stabilization ordinance and in those rent controlled jurisdictions like Los Angeles, West Hollywood and Beverly Hills, it is advisable to have the Three Day Notice to Pay Rent or Quit reflect the rules. In still other cases, the tenant may be a Section 8 tenant, and notices served on a Section 8 tenant have additional rules. Now you might not be out any money for that free Three Day Pay or Quit Notice you downloaded off the internet, but how much rent have you lost? How much time have you lost?
If you would like Ms. Marsh to prepare a proper California residential 3 Day Notice to Pay Rent or Quit compliant with your rent controlled jurisdiction (if any) or Section 8 where applicable for $150, please complete theThree Day Notice to Pay Rent or Quit Intake Sheet and upon confirmation of your payment, Ms. Marsh will perform a conflicts check and so long as there is no conflict she will call you to get any additional information needed.
Again, a single mistake, and the 3 Day Notice to Pay Rent or Quit will be deemed invalid. Three day notices to pay rent or quit must be precise, and by precise I mean perfect. First and foremost, all three day notices to pay rent or quit must ask for the exact amount of rent owed (do NOT include late fees, penalties or interest); If you are one penny off, you will lose an unlawful detainer (eviction) proceeding and the judge will NOT order an eviction. In addition, all Three Day Notices to Pay Rent or Quit must: (a) properly and precisely set forth the tenant(s) names, (b) the complete address of the rental property; (c) the name of the landlord or title owner; (d) be property signed and dated; (e) provide the name, address and telephone number of an appropriate individual to whom the rent should be personally delivered during the 3 day notice time period and the proper times of day that the person will be available; and (g) quote the appropriate language required not only under California law, but also the local rent stabilization ordinance (if any) in which the property is located.
Assuming all of the above is properly set forth, a 3 Day Notice to Pay Rent or Quit can become defective if the three day notice to pay rent or quit is not properly signed and dated, or not properly served. The Three Day Notice to Pay Rent or Quit must be signed by the title owner of the property, or the owner’s agent (as specified) and dated on the same day service is effectuated on the tenant. As to service of a Three Day Notice to Pay Rent or Quit, if that was performed improperly, or in a manner that cannot be corroborated, the landlord may lose the eviction proceeding. The landlord may also lose an eviction on a defective Three Day Notice to Pay Rent or Quit, if the landlord: (a) has failed to serve the tenant with a required registration certificate; (b) has previously served or serves a conflicting three, thirty or sixty day notice, (c) is in material breach of the lease, (d) accepts any money after the Three Day Notice To Pay Rent Or Quit has been served, (e) fails to include additional language required by a local rent control ordinance, or if (f) the Three Day Notice to Pay Rent or Quit fails to comply with additional rules set forth in a local rent control ordinance.
Poorly written Residential Lease Agreements and Commercial Leases may further alter the rules of what is required in a Notice to Pay Rent or Quit, which may in turn require a form Three Day Notice to Pay Rent or Quit to be amended.
My office will prepare, in both Word and PDF format, a proper residential Three Day Notice to Pay Rent or Quit compliant with both California and any applicable local law (including Section 8) in Los Angeles County, California along with clear service instructions within 1 business day for a flat fee of $150. To request a Residential Three Day Notice to Pay Rent or Quit for $150, please complete my 3 Day Notice to Pay Rent or Quit Intake Sheet and upon confirmation of your payment, the office will perform a conflicts check, verify that the address is in Los Angeles County, and so long as there is no conflict Ms. Marsh will call you to get any additional information needed.
If your property is commercial in nature, please email Ms. Marsh a copy of your lease along with your name and telephone number. Most Commercial Notices to Pay Rent or Quit can be prepared for $249, but the fee is dependent on: (a) your commercial lease, if any; (b) whether your tenant pays only a base rent, or base rent plus NNN charges; and (c) the number of month’s your tenant is behind.
© 2017 Melissa C. Marsh. All Rights Reserved.