The Law Firm of Kurt N. Strauss & Associates protects the legal interests of the Southern California real estate community.

Attention Landlords! Don’t lose your eviction with a defective 3-Day Notice!

Los Angeles, Ventura, and Santa Barbara Counties have seen an alarming number of residential landlord evictions derailed by strong opposition on account of faulty eviction notices.  I’m often asked by apartment managers/owners why courts are so strict about unlawful detainer notice procedures.  Unlawful detainers (a.k.a., “eviction lawsuits”) get special “summary” treatment from the courts.  Because of this eviction lawsuits move faster than other civil lawsuits, thus courts are very strict to ensure that tenants’ due process rights are not trampled in the fast moving eviction process.  Moreover, because unlawful detainer law involves forfeiture of the tenant’s right of possession (loss of home) courts strictly enforce California’s eviction laws.

Here are a few tips that can improve your chances of winning a residential eviction action.

 First follow the law’s requirements regarding 3-day notices:

 (1) The notice to quit must be in writing; oral notice is insufficient.

(2) Provide a description of the property (i.e., address),

(3) Specify the nature of the breach (e.g., nonpayment of rent),

(4) Specify the amount of rent due and the period it’s due (March 1, 2020 through March 31, 2020).

(5) Don’t add late fees, only past due rent.

(6) Specify whom to pay.

(7) Specify where to pay.

(8) Specify the hours and days a tenant can pay (e.g., Monday-Friday 9am-5pm).

(9) Clearly, positively, and unequivocally state the landlord’s intention to repossess the premises.

(10) Make clear the tenant has “3 days to pay rent or quit the premises,” (the demand to pay must offer the alternative to leave, i.e., quit).

(11) Add an election of forfeiture (landlords should state their intent to declare the lease forfeited if the rent is not paid within the 3-days).

(12) Date the notice.

* If your property is under rent control please contact our office, as additional provisions may be required in the notice.

In addition to the requirements above, you must serve the notice correctly.  For the three (3) legally permissible methods of service please contact our office or visit us on the World Wide Web at www.KingEviction.com where you can use our complimentary landlord notices.

Call us today for a free consultation or visit us on the Web!

(805) 206-5371

www.KingEviction.com

 

 

 

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