Results 1 to 6 of 6
  1. #1
    Join Date
    Jan 2012
    Posts
    11

    Default Overlapping 3 Day Pay-Or-Quit Notice with Lease Late Payment Due Date

    My question involves an eviction in the state of: california

    3 day pay or quit notice can be served any day, right?

    What I mean......

    Lease agreement states rent is to be paid in advance on the 1st of the month. After the 4th of the month, there will be a late fee.
    I can serve 3 day pay or quit notice on the 3rd of the month, demanding rent be due by the end of 6th nonweekend day, right?

    my purpose is only to expedite the payment process and get to unlawful detainer phase as soon as possible, if necessary.

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Overlapping 3 Day Pay-Or-Quit Notice with Lease Late Payment Due Date

    No, and please hire a landlord tenant attorney before you find yourself on the wrong side of a civil suit that could cost you your rental property.

  3. #3
    Join Date
    Jan 2012
    Posts
    11

    Default Re: Overlapping 3 Day Pay-Or-Quit Notice with Lease Late Payment Due Date

    ^^ I made a mistake, edited my original post.

    Lease states rent is due on 1st. after day 4 (implied grace period), late fee is charged.

    it's illegal to demand payment by the 6th day ?

  4. #4
    Join Date
    May 2012
    Posts
    9

    Default Re: Overlapping 3 Day Pay-Or-Quit Notice with Lease Late Payment Due Date

    3 Day Notices can be very tricky and cannot include any late fees. You may wish to contact legal counsel for assistance.

  5. #5
    Join Date
    Jan 2012
    Posts
    11

    Default Re: Overlapping 3 Day Pay-Or-Quit Notice with Lease Late Payment Due Date

    no no.

    I am not asking for late fees in the 3day payorquit. I know that is not legal.

    I am only asking if i can serve the payorquit on day 3, if the lease says rent is due on day 1, even though there is an implied 3 day grace period. (see below)

    this is the payment clause in the lease:
    rent is due on FIRST day of each and every month, at $2000 per month, beginning on April 1, 2012. Payments made in person may be delivered to Landlord/Agent between the hours of 9AM and 5PM, Monday through Sunday. Acceptable methods of payment include Money Order, Cash, or Cashier’s Check.

    If rent is paid after the FOURTH of the month, or FOUR days after due date, there will be a late charge of $20 assessed. The parties agree that this late fee is presumed to be the amount of damage sustained by late payment of rent. It would be impracticable or extremely difficult to fix the actual damage. This sum represents a reasonable endeavor by the Landlord/Agent to estimate fair average compensation for any loss that may be sustained as a result of late payment of rent. Pursuant to California law, if Resident passes a check on insufficient funds, Resident will be liable to Landlord/Agent for the amount of the check and a service charge of $35, not to exceed $25 for the first check passed on insufficient funds, and $35 for each subsequent check passed on insufficient funds.
    I just learned recently that late fees are illegal in california. But late fees issue aside........... technically on day 3, tenant is deliquent, and I can serve 3 day pay or quit on that day ?

    for instance, June 1 is friday. I give pay-or-quit on June 3 Sunday. Tenant has until end of June 6 to pay or quit. Reasonable ?

  6. #6
    Join Date
    Jan 2012
    Posts
    11

    Default Re: Overlapping 3 Day Pay-Or-Quit Notice with Lease Late Payment Due Date

    ok, after searching the internet for definitions, I've answered my own question.
    my lease agreement says rent is due on day 1, which means it's delinquent on day 2.

    late fee after day 4 does NOT mean there is a 4 day grace period.

    so I can serve pay or quit as early as day 2 !

    1. Sponsored Links
       

Similar Threads

  1. Eviction Notices: Including Late Fees in a 3 Day Pay or Quit Notice
    By Arggghhh in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 11-17-2009, 06:08 PM
  2. Eviction Notices: Lease at the End of the Leave but Before Notice to Quit Date
    By ssaechai in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 10-26-2009, 02:25 PM
  3. Eviction Process: Late Payment and Breaking a Lease
    By samuel_01 in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 12-29-2007, 04:39 PM
  4. Security Deposits: Late Notice of Charges After Breaking A Lease
    By rentr2006 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 07-12-2006, 04:50 PM
  5. Rental Agreements: Late Payment Penalty Provision In A Lease
    By needsomehelp in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 08-27-2005, 10:14 PM
 
 
Sponsored Links

Legal Help, Information and Resources