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  1. #1
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    Jul 2011
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    Default 3 Days Pay or Quit Notice, in California

    My question involves an eviction in the state of: California

    Hi, I wanted to start off that I am going to evict this person. We did the three days pay or quit because she is behind rent already and we are hoping and expecting for her to not pay we also expect it (shes been ignoring and making excuses when it comes to pay rent). We went to the three days pay or quit because it also will be fast to start the eviction (if we give her the 30 day notice we have to wait). She hasn't lived in the property so long ago and its a lesson (for my dad) to scan people more often before letting them in. Now I have some questions first:

    If the tenant fails to ignore the fact its obviously a win right (we took photos with the date of taping the 3 days pay or quit also mailed the card via tracking number). I know you don't have to, but believe me this person does whatever it takes to ignore.

    Second what are the chances to winning the case smooth and fast? Since we also have other issues we will bring up in the case (damage to the property by the outside took pictures). Has apparently more people inside the property than herself (which also breaches the contract).

    Last, but not least can she use her little child as a defense? For her the judge to feel sorry not to kick her out?

    This tenant is trouble and basically we want her out fast we told her at first we would not charge her rent and even return the rent however she didn't listen and talked with a disrespectful manner so we are going legal now. Any more advice tips thanks in advance.

  2. #2
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    Sep 2005
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    Default Re: 3 Days Pay or Quit (California)

    If she doesn't pay, evict her for nonpayment. If she pays, serve her notice that you're terminating her tenancy.

    I have no way of knowing how contested the court docket will be, whether you are adhering to all procedures, or what defenses (real or frivolous) the defendant might raise in order to delay a disposition, so I'm not going to guess how long your eviction lawsuit might take; a common time frame is four to six weeks, but individual mileage may vary.

  3. #3
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    Jul 2011
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    21

    Default Re: 3 Days Pay or Quit (California)

    Thanks for the response. We we just want her out fast (she is destroying the property and is just a problematic person). We sent her a three day notice on Monday and yesterday Thursday 4 days passed (and atleast 3 full days are served). Today Friday she called she had the rent however since her 3 days are up (as what I have read) you can start the legal eviction process. What I am afraid is I hear that if there is an error the court can throw the eviction out does that mean we have to start the whole process over? We are going to go to the court and get help filling out the big packet I just hope the judge rules against her. Another question can you also bring other evidence against her like pictures of the property damaged outside having more people in the property that are not in the contract?

    Reason we didn't want to do the 30 day notice is we would have to wait a lot longer and we did expect she would evade the rent (thats why we went for the 3 days pay or quit notice).

  4. #4
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    Jul 2011
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    Default Re: 3 Days Pay or Quit (California)

    Another thing other than using 3 days pay or quit can you also use other reasons in the case against her (like example tenants getting bothered and neighbors to, destroying outside property we have pictures of some of the things broken, having people going inside the property premise at midnight jumping the fence). Can that be mentioned in the court case.

  5. #5
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    Jul 2011
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    Default Re: 3 Days Pay or Quit (California)

    Any feedback? bump

  6. #6
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    Jul 2011
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    Default Re: 3 Days Pay or Quit Notice, in California

    Bump and simple question can the landlord itself hand the THIRTY-DAY NOTICE TO QUIT in person or does it have to be third party?

  7. #7
    Join Date
    Jan 2006
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    27,848

    Default Re: 3 Days Pay or Quit Notice, in California

    you can issue a 3 day notice due to fact she is damaging the property. It is not a quit or cure notice but simply a notice to quit. The intent is to allow the LL to be able to remove the tenant as soon as possible to prevent further damage.

    here is a link to a publication from the California gov about landlord tenant law. For 3 day notices, scroll down to page 68.

    http://www.dca.ca.gov/publications/l...k/catenant.pdf

    If you are going to continue to be a landlord, you would benefit greatly by educating yourself regarding the laws so you are not looking for answers because of a problem but know what you can do in any given to situation to mitigate, or even prevent a problem before it arises.

  8. #8
    Join Date
    Jul 2011
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    21

    Default Re: 3 Days Pay or Quit Notice, in California

    Thanks for the response well the thing is we have a trial date (Friday). A guy my dad use to rent (years ago) we asked him for some advice gladly he came and gave us lots of good pointers to counter her attacks. He said it seems we did the majority of the paper work right however that he saw an error and if she points it out (or has a lawyer to do it) we are going to lose the case. However he prepared me and recommended me to re-run the 3 days pay or quit right away or 30 day notice (he said there is no defense for that) which we are thinking of doing the 30 day notice so she can be out fast without defense in her side.

    The problem is we don't go in and don't know how this will work with the 3 days notice since the damage is outside and most likely will deny it. We want something for sure and I believe we might go with the 30 day notice (since he said there is no defense for that). I was just curious if the 30 day notice can be delivered (from landlord itself) to her without problems? I forgot to ask him that. I read that briefly a few of the processes and procedures I think I will go over it all to be prepared. Thanks for the advance.

    Just to clear it up so the landlord itself can hand the 30 day notice to her (no third party needed) right?

  9. #9
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    Jan 2006
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    Default Re: 3 Days Pay or Quit Notice, in California

    as far as I can find, you can serve her yourself (concerning the notice to quit). Just in case it is applicable: if she has rented this unit for a year or more, the period of notice is 60 days, not 30.

  10. #10
    Join Date
    Jul 2011
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    Default Re: 3 Days Pay or Quit Notice, in California

    Quote Quoting jk
    View Post
    as far as I can find, you can serve her yourself (concerning the notice to quit). Just in case it is applicable: if she has rented this unit for a year or more, the period of notice is 60 days, not 30.
    Thanks I just wanted that clear reason is (when I talked to the man about this) just serve the 30 day notice and its really no reason to fight against it. So I want to just go with the assured thing to end this if Friday the judgement goes against us. Thanks once again.

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