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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, Beverly Hills, or Santa Monica can be a challenge. If a California landlord makes just one small error in the Three Day Notice to Pay Rent or Quit, or in the following unlawful detainer (eviction) 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 to Pay Rent or Quit.
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 Three Day 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, Beverly Hills, and Santa Monica additional rules apply. In still other cases, the tenant may be a Section 8 tenant, and notices served on a Section 8 tenant have even more rules. Now you might not be out any money for that free Three Day Notice to Pay Rent or Quit 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) and/or Section 8 where applicable for $225, please complete her Three Day Notice to Pay Rent 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 the additional information needed to prepare your Three Day Notice to Pay Rent. The Notice will be sent to you within 24 hours in both Word and PDF format.
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) recite 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. A 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 the 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 any 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 $225. To request a Residential Three Day Notice to Pay Rent or Quit for $225, 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.
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Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.
Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.