Tag Archives: Three Day Notice to Pay Rent or Quit

Landlord & Tenant Law

How to Determine the Rent Due for a Three Day Notice to Pay Rent or Quit

The Three Day Notice to Pay Rent or Quit is the first document that precedes an unlawful detainer that must be served upon a tenant. It is important to remember than when filling out a 3 Day Notice to Pay Rent or Quit that you properly fill out the amount of rent that is due. You cannot include late charges, utility charges, interest, or any other types of fees or charges that is not “rent.” Often times these items are called “additional rent” in your rental agreement; however, for purposes of California law (specifically Code of Civil Procedure Section 1161a) you cannot make such requests in a 3 Day Notice to Pay Rent or Quit.

Further, you cannot demand cash only in a 3 Day Notice. It is important to note that rent is always due in advance for the entire month on the date rent is due. For example, February’s rent is due February 1st, so a tenant is “prepaying” a landlord February’s rent to live in the rental unit in February.

It is important also to include all rent that is owed at the time you fill out and serve the Three Day Notice to Pay Rent or Quit because otherwise a landlord may not be able to seek the delinquent rent as part of the unlawful detainer.

It is vital to have a properly filled out 3 Day Notice to Pay Rent or Quit. California law requires a strict interpretation of the requirements for a Three Day Notice, so if the Notice is not filled out properly, a landlord can potentially lose the unlawful detainer and start all over again. Therefore, before beginning an unlawful detainer, you should ensure that your Three Day Notice to Pay Rent or Quit was properly filled out.

Landlord & Tenant Law

New Courthouses to Hear Unlawful Detainer Cases

Los Angeles County has two additional courthouses that will start hearing unlawful detainer cases starting in 2015. Unlawful detainers can be filed in the Van Nuys Courthouse and Norwalk Courthouse starting January 5, 2015.

If your case was filed in one of the hub locations prior to January 5, 2015, that courthouse will still hear the trial or other motions for the case. Previously, the hub courthouses for unlawful detainers were Stanley Mosk, Santa Monica Courthouse, Governor George Deukmejian Courthouse, Pasadena Courthouse, and the Michael D. Antonovich Antelope Valley North Courthouse.

Basically, the Norwalk Courthouse will begin hearing unlawful detainer cases for properties located in Lakewood, Compton, Lynwood, Norwalk, Whittier, South Gate, Huntington Park, Maywood, and Pico Rivera. The Van Nuys Courthose will beging hearing cases coming from the San Fernando Valley, including the communities of Van Nuys, Canoga Park, Valley Village, North Hollywood, Panorama City, Calabasas, parts of Woodland Hills, and Agoura Hills.

This list is not exhuastive, so if you have a question of where your unlawful detainer will be filed you can contact my office or the the Los Angeles Superior Court Filing Court Locator.

At Marinaccio Law, I offer flat fee evictions for cases where your tenant does not pay the rent. As part of the flat fee, I will also review Three Day Notices to Pay Rent or Quit. If a tenant files a responsive pleading, there are additional fees that could apply depending on the appearances in Court  and work required. Please contact Anthony at 818-839-5220 to set up an appointment.

Landlord & Tenant Law

Can I use my deposit for last month’s rent?

I get asked this question a lot, and the Los Angeles Times recently posted the same question on its website. No, a tenant cannot use a security deposit for last month’s rent. If a tenant proposes to use the security deposit as last month’s rent, a landlord has the right to serve a Three Day Notice to Pay Rent or Quit for the last month’s rent.

It is important to note for a landlord that rent is late the day after it is due. For example, if on November 20, a tenant tells a landlord that he will not pay December’s rent and provides written notice that he will be out on December 31st, a landlord cannot serve a 3 Day Notice to Pay Rent or Quit until December 2nd if rent is due on the first of the month.

In fact, if a tenant makes such a proposal to pay last month’s rent using a security deposit, a landlord should not agree and serve a 3 Day Notice to Pay Rent or Quit after rent has become due. This is beneficial for several purposes because it prevents a tenant from not actually moving out after providing a 30 Day Notice. It also allows a landlord to use a tenant’s security deposit for actual damages to the unit.

Landlord & Tenant Law

Use the Web for Rent Payments? Landlords Beware

In a recent Los Angeles County Appellate Division decision, the Court found that a landlord must put a physical address for a tenant to pay rent on a 3 Day Notice to Pay Rent or Quit. Foster v. Williams provides some insight into how a landlord must comply with the Code of Civil Procedure when filling out a Three Day Notice to Pay Rent or Quit.

Plaintiff, Landlord, filed an unlawful detainer action based upon a 3 Day Notice to Pay Rent or Quit. The Notice was served on Defendant, Tenant. The 3 Day Notice to Pay Rent or Quit stated that rent was to be paid on a website and provide instructions on how to make a payment on the website. At trial, Tenant argued that the Three Day Notice was defective because it did not comply with Code of Civil Procedure Section 1161(2), which requires an “address.” Landlord argued that  a web address falls within the term “address” while Tenant argued that “web address” did not fall within “address” because a physical address was required. Tenant had been paying rent for about one year online through the website.

At trial, the Court agreed with Landlord, so Tenant appealed. On appeal, the Court found that a web address does not constitute an address for a 3 Day Notice. Section 1161(2) did not intend to include web addresses because an address is listed in order for a tenant to pay rent physically to a person, not via a website.

Although 1161(2) allows for electronic payments or payments made directly to an account, it does not account for web payments. Further, 1161(2) also allows for mailing of rent payments if physical delivery is not available. Again, it does not provide any criteria for web payments.

A web payment is not an electronic payment under Section 1161(2) because the 3 Day Notice did not provide for the language that states an electronic procedure has already been established. Without that statement, a web payment option would be invalid in a 3 Day Notice.

Since the Court found that the 3 Day Notice to Pay Rent or Quit was defective, tenant ultimately won the case. This case provides important reasons why a 3 Day Notice must be properly drafted and served because if it is found to be defective, the entire unlawful detainer is defective.

Further, within the City of Los Angeles, a landlord cannot require a tenant to pay rent electronically or online. A landlord must provide an alternative option to paying rent online or electronically.

 

 

Landlord & Tenant Law

Landlord-Tenant Issues Surrounding the Case of the Nanny Who Won’t Leave

The case of Diane Stretton and the Bracamonte family of Upland provides a warning to all homeowners who rent out individual rooms in their own homes. The case has received widespread attention and has left many people scratching their heads in disbelief that a live-in nanny who refuses to work can simply can stay in the home without repercussion and must be evicted through the unlawful detainer process. A summary of the story behind the nanny who won’t leave can be found here.

When a homeowner rents a room to a person in their own home, the resident is generally called a “lodger;” however, the rules of landlord-tenant law in California still apply similar to a tenant in an apartment building. For example, if a lodger does not pay rent when it is due, the homeowner must serve the tenant a 3 Day Notice to Pay Rent or Quit and after three days begin the unlawful detainer process.

However, in non-rent control jurisdictions, a homeowner who wants to evict a tenant for no cause must still serve a 30 or 60 Day Notice to Quit in order to begin the unlawful detainer process. It is important to note that a lodger (like a tenant) has a right to stay in the room through the notice period and only must move out at the end of the period.

It is important to note that a homeowner who rents rooms cannot resort to “self-help” in evicting a tenant. That means a homeowner cannot simply change the locks to the room or do something that would cause a lodger from accessing the room. Such actions would be illegal and cause the homeowner to be subject to civil liability.

Evictions Based Upon End of Employment

In addition, in the case of Diane Stretton, there is a separate body of law for evictions for tenants whose tenancy is based upon employment with the landlord. If an employee is terminated and received free rent as part of the employment, the landlord can go straight to court and commence an unlawful detainer. However, if the tenant paid rent, the normal rules would apply requiring a 3 Day Notice to Pay Rent or Quit or a 30 or 60 Day Notice to Quit.

Kn sum, homeowners who are looking to rent rooms in their home should be aware of the landlord-tenant laws, particularly if the relationship sours. It is simply not as easy as calling the police department to force a lodger to move from the property if you want a tenant removed from the property.

Landlord & Tenant Law

Glendale’s Just Cause for Eviction Ordinance

Although the City of Glendale does not have rent control that limits the amount a landlord can charge tenants, Glendale has enacted an ordinance that regulates evictions in the City. The City of Glendale also provides a handy guide to its just cause eviction  ordinance here. The eviction control ordinance applies to all rental units except the following:

  • Rooms or accommodation in a hotel, boarding house, or lodging house rented to transient guests for less than 60 days.
  • Housing accommodations in a religious facility, hospital, convent, monastery, church, extended care facility, asylum, non-profit home for the aged; dormitories owned and operated by an institution of higher education, or a high school or elementary school
  • A unit located on a property that has two or fewer rental units (duplexes and single family homes are exempt).
  • There is an additional exemption for leases. A unit is exempt if the landlord and tenant enter into a one year lease. A unit may also be exempt if the tenant rejects a landlord’s offer for a one year lease and a rental agreement is entered into. There are several requirements that will be discussed in an other blog entry.

Legal Reasons to Evict a Tenant in Glendale

The following are the twelve reasons a landlord may evict a tenant in Glendale:

  • The tenant has failed to pay the rent
  • The tenant has violated a provision in the lease or rental agreement after landlord has provided proper notice
  • The tenant is committing a nuisance or causing damage to the property
  • The tenant is using the unit for an illegal purpose
  • A subtenant resides in the unit after the lease term who was not approved by the landlord
  • The tenant has refused reasonable access by the landlord to make repairs, for inspection, or to show the unit to prospective purchasers or mortgagee.
  • The landlord seeks to do major rehabilitation work to the unit that is equal to eight times the monthly rent or the unit would be uninhabitable for 30 days.
  • The landlord seeks to recover possession for a resident manager or for the landlord and/or his family.
  • The landlord seeks to remove the rental unit from the rental market.
  • The landlord seeks to evict in response to a government order to vacate.
  • The landlord seeks in good faith to recover possession of the rental unit in order to comply with a contractual agreement relating to the qualifications of tenancy
  • The tenant continues to smoke in the unit or common areas when it is prohibited.

Relocation Assistance

Glendale provides that a landlord must pay relocation assistance under certain circumstances. This will be discussed in the next blog entry.

Landlord & Tenant Law

How to Serve a Three Day Notice to Pay Rent or Quit to Start an Eviction

Service of the Three Day Notice to Pay Rent or Quit can commence your eviction (also known as an unlawful detainer). If the Three Day Notice is not filled out properly or is not served correctly, a landlord or property management can lose the entire eviction and would need to start all over again. Thus, it is important for a landlord or property management to properly serve a tenant a 3 Day Notice.

There are three methods to serve a 3 Day Notice to Pay Rent or Quit. The following describes each method:

Personal Service

A landlord, property management, or the landlord’s agent can simply hand the 3 Day Notice to the tenant.

Substitute Service

A landlord, property management, or the landlord’s agent can hand the 3 Day Notice to anyone at the premises if the tenant is not home or at work. The person must be 18 years old or older. A copy of the 3 Day Notice must also be mailed to the tenant at the unit.

“Nail and Mail” Service

As a last resort, you can also serve a tenant a 3 Day Notice by “nail and mail.” A landlord, property management, or the landlord’s agent needs to post a copy of the 3 Day Notice, usually on the front door of the unit. Further, a copy of the 3 Day Notice must be mailed to the tenant. The three day period does not start until the notice is mailed. This is the method of notice of last resort as the first two methods should be attempted first.

Mailing Notices

There is no requirement that notices must be mailed by registered or certified mail; however, those methods of mailing are able to be proven a little easier than simply mailing a notice. If you mail notices through substitute service or “nail and mail,” it may be worth it to do it by certified or registered mail.

Who Can Serve? 

Anyone 18 years old or older can serve a 3 Day Notice. Unlike the Complaint, a landlord can serve the 3 Day Notice.

It is also important to note that the Los Angeles Rent Stabilization Ordinance does not impose additional requirements for Los Angeles landlords, who must simply follow State law to serve a 3 Day Notice.

Landlord & Tenant Law

What is a Three Day Notice to Pay Rent or Quit?

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.