The time has finally arrived where we can enforce our property rights by bringing forth an eviction based on non-payment of rent. After this long hiatus, we want to be sure that we are serving a proper 3-Day Notice to Pay Rent or Quit. Failure to serve a notice in accordance with the law, will result in losing your eviction action. There have been a few changes that must be followed, so let’s go over the details that need to be contained in the notice.
- The notice must contain the tenant’s names. You should name each tenant that has signed the rental agreement or pays you rent directly. Generally, children should not be named in your notice.
- The correct address of the premises must be stated correctly. If the street has a direction, that must be stated. In addition, the specific letter or number of the apartment must be designated. Lastly the street suffix, such as the Avenue or Boulevard, must be indicated. An incorrect address will render the entire process void.
- The correct amount of rent owed must be stated in the notice. Do not include late charges. Only rent can be designated. Based on the State law, you should only include rent owed from April 1, 2022, forward in time. Rent owed prior to that date, should be collected by way of a civil lawsuit or small claims court.
- The notice should contain the name of a person or entity as to whom the check should be payable to. It must also contain an individual’s name, where the rent should be tendered.
- The notice must contain an address where the rent is to be delivered. It is permissible to use a Post Office Box or a rent collection box on the premises. You can also indicate a direct deposit to your bank account. You will need to supply your bank name and account number, the address of the bank within a 5-mile radius of the subject premises and the hours and days that the bank is open. You cannot state that you will pick it up from the tenant’s unit. You must have an address where the tenant can send or deliver payment.
- All notices must contain a phone number for the tenant to call and the days and hours when the rent can be delivered.
Lastly, the notice must state: “When counting days, Saturday, Sunday and Legal Holidays are not included in the 3-day notice period.” Failing to have this phrase, will result in a loss of your eviction action.
Hint: If you use the AOA approved form, you will have a proper notice.
Dennis Block, of Dennis P. Block & Associates can be reached for information on landlord/tenant law or evictions at any of the following offices: Los Angeles: 323.938.2868, Encino: 818.986.3147, Inglewood: 310.673.2996, Long Beach: 310.434.5000, Ventura: 805.653.7264, Pasadena: 626.798.1014, Orange: 714.634.8232, San Diego: 619.481.5423 or by visiting www.evict123.com. Now, you can also read Dennis Block on Twitter, www.twitter.com/dennisblock or text him at (818) 570-1557. “Landlord Tenant Radio Weekly Podcasts can be heard at any time at www.EVICT123.com or download the app “EVICT123”.