Do you need to avoid a tenant?
Are you a landlord having problems with your tenant? Perhaps your tenant stopped paying rent. Perhaps your tenant is violating a term of the lease, such as smoking or having pets, when the lease says no smoking or pets. Or perhaps your tenant is damaging your home or causing a nuisance to your neighbors. If any of these scenarios sound familiar, you may need to evict your tenant.
The first step required for a successful eviction based on any of the above reasons is the 3-day notice to vacate. The landlord is required to write and serve the termination notice on the tenant before starting an eviction case in court. Notice is an absolute prerequisite for an eviction case based on any of the above reasons. Additionally, the landlord and tenant may NOT contract the notice requirement. Any provision in the rental agreement that says a 3-day notice is not required is unenforceable.
It is crucial that the notice of termination is filled out correctly. An incorrect termination notice could invalidate your entire eviction, costing you more time and money because you would have to start the process all over again. If you do not include the correct information in your termination notice, or if you serve it incorrectly, you will likely lose your eviction case. Los Angeles courts are very strict about making sure the notice is accurate. If you have any questions about the legality of your notice, consult a legal professional immediately.
The type of 3-day eviction notice you will serve your tenant will vary depending on the reason for the eviction. For example, if your tenant is behind in rent, you would give the tenant a “3-Day Notice to Pay Rent or Quit.” This means that within 3 days of proper notice to the tenant, the tenant must either pay the rent owed or move out of the house. If your tenant is violating a term of the lease, you must give the tenant a “3 Day Notice to Void or Quit.” This type of notice gives the tenant 3 days to correct the tenant’s violation. It is important to note that if your tenant “fixes” your violation within 3 days, by either paying rent or following the terms of the lease, they cannot evict you based on the 3-day notice if you have corrected the problem.
There is another type of termination notice called a “3 Day Notice to Vacate.” This type of termination notice does not allow the tenant to “cure” their violation. This can only be used if the tenant is damaging the property, causing a nuisance, or illegally assigning or subletting. Strict guidelines must be adhered to.
Regardless of the type of 3-day notice used, landlords must ensure that they include the proper language in the 3-day notice and serve the 3-day notice correctly. Failure to do either can cause the landlord to lose the eviction case. Read more about how to avoid a tenant.
