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


As an eviction attorney, I often speak with frustrated landlords. Filing an unlawful detainer (aka eviction) isn’t cheap, so many landlords are inclined to give struggling tenants a couple extra weeks or even months to come up with rent. Lighting the fuse of undue tenant concessions comes with great risk.

Disaster often results. First, evictions can take a month or two to process, sometimes more. Compound that delay with additional free time already given to the tenant, throw in the cost of an eviction and the losses are significant. Next, tenants who fight eviction lawsuits often use the landlords very own time concessions in collecting due rent against them by claiming the landlord “waived” the right to collect rent on time in accepting late payments. To avoid this problem it’s imperative you timely serve a three day eviction notice in accordance with law and keep copies for your records.

The solution to combat “waiver” claims is simple. Make sure your residential lease has a clearly defined due date. If you have a grace period—spell it out—to avoid confusion. Finally keep good records and serve your three day notices promptly to demand rent due. Remember, if you operate using a grace period, do not serve a 3-day notice before that grace period expires.

Kurt N. Strauss & Associates serves all of Los Angeles, Ventura, and Santa Barbara counties.

Call Mr. Strauss Direct at (805) 206-5371 for a free consultation

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