If you have a tenant that is behind on the rent, the first step in beginning an eviction is to serve a Three Day Notice to Pay Rent or Quit. However, the requirements for a Three Day Notice to Pay Rent or Quit can be complicated, and if you do not follow them exactly your entire eviction lawsuit can be dismissed.
When to Serve a Three Day Notice to Pay Rent or Quit?
A Three Day Notice to Pay Rent or Quit can be served on a tenant anytime after the rent is due. For example, if rent is due on the first of the month, a Three Day Notice to Pay Rent or Quit can be served on the second of the month. If your lease contains a “grace period” that allows a tenant to pay after rent is due without paying a late fee, a Three Day Notice to Pay Rent or Quit can still be served anytime after the rent is due, even during the grace period.
If the day the rent is due falls on a Saturday, Sunday, or legal holiday, rent is technically due on the next business day. If rent is due on the next business day, a Three Day Notice to Pay Rent or Quit cannot be served until the next day. For example, rent is due on the first of the month, which this month fell on a Sunday. Rent is now due on a Monday. A Three Day Notice to Pay Rent or Quit cannot be served until Tuesday.
What is “rent”?
This may be a simple question, but the answer can be a little more complicated. Rent does not include late fees, additional charges for utilities, additional fees, or anything else that is not the rent. A Three Day Notice to Pay Rent or Quit can only be for “rent.” It is important to know exactly what is owed because if you overstate the rent by even one penny, the Three Day Notice to Pay Rent or Quit becomes void and you will lose your eviction.
How do you count the three days?
Once you serve the Three Day Notice to Pay Rent or Quit, a tenant has three days to pay the entire amount of the rent that is due. To calculate the three days, you do not count the day the notice was served. If the third day does not fall on a business day, you should give the tenant the next business day to pay rent. For example, if you serve a Three Day Notice to Pay Rent or Quit on a Friday, a tenant has until Monday to pay rent. You would be allowed to file an eviction on Tuesday.
Can I accept partial payments?
A landlord is not required to accept partial payments for rent. If you accept a partial payment, it invalidates the Three Day Notice to Pay Rent or Quit and you will need to serve a new one. However, you would be required to accept rent if the tenant attempts to pay it in full.
These are some questions that I come across when dealing with Three Day Notices to Pay Rent or Quit and evictions. If you have questions or would like to start your case, please contact Anthony at (818) 839-5220.
