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  1. #1
    Join Date
    Sep 2008
    Posts
    8

    Default 3 Day Notice to Pay - What Now?

    My questions involves 3 day notice to pay in the state of: California

    I served a 3 day notice to pay to my tenant who happens to be living in a converted garage that is attached to my house. She owed me three months rent and refused to answer my attempts to contact her. The next day she moved some stuff out. I have no idea whther she is coming back or not. As an added "eff you" she left all the lights on and th A/C on full blast.


    Also, the way I handed her the notice was I unlocked the door and walked in and gave it to her. I had been trying to contact her for over a week and i came home and noticed the tv was on. I just thought she left it on the week before and I was going to go in and turn it off. At this point I had no idea she was even coming back. I had knocked on the door several times with no answer. So i unlocked the door, handed her the notice and walked out. I went back in the follwing night to turn off the A/C & lights and to assess any damage because I thought that she had completely moved out (which still might be the case at this point)

    My questions then are:

    Can I change the locks on the 4th day?

    What can i or should I do with her belongings that she leaves behind? Am i free to sell them?

    She didn't have an address to mail the notice to but i did hand it to her in person. Is this ok?

    Did I violate any laws by walking in and handing her the notice?

    Did I violate the law by walking back in after she moved her stuff out to turn off the AC & lights? Per the sheriiff's office they informed me that if I think the house has been vacated, I can go in.

    Also, she bounced two checks on me in excess of $500, can I report her to authorities? I was under the impression this constituiutes fraud?

    Sorry, my first post but man this has really turned into a fiasco....

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    15,935

    Default Re: 3 Day Notice to Pay - What Now?

    Can I change the locks on the 4th day?
    No. You must file an unlawful detainer action and may not change the locks until she has been removed by the sheriff's department.

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  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,037

    Default Re: 3 Day Notice to Pay - What Now?

    If you can reach her to verify that she has in fact abandoned the premises consistent with your notice, then you don't need to formally evict her. But if you can't verify that and the circumstances are ambiguous (as they appear to be), play it safe.

    Ask your local police department about their procedures for bad checks, and if you have to give your tenant notice and an opportunity to pay before they'll accept a report.

  4. #4
    Join Date
    Sep 2008
    Posts
    8

    Default Re: 3 Day Notice to Pay - What Now?

    So say i do get a confirmation that she has moved out. What do I do with the stuff she left behind (i.e, furniture, etc...?)

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default Re: 3 Day Notice to Pay - What Now?


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