Abandonment Notice Or 3-Day Notice?
Hi folks. New to this but not new to online forums.
Hope to get some help with an issue on a residential rental unit that we are slightly confused about.
Here's the scenario:
Tenant has a 1-year lease which has not matured yet. December 2003 & January 2004 rent has not been paid. Tenant hasn't been in the premises. This person was contacted on her cell phone in early to mid-December and she stated that she was out of town; said that she did not have any checks with her and will be back toward the end of the month to take care of the rent. Never heard from her.
Early January, we call her on the cell again and she stated that she will not be returning. She also noted that nothing valuable was left in the unit except for a piece of luggage. A few days later, the tenant calls back and says that she will return on a specific date and will take care of the rent. Well, the day has past and nothing...
So we think that she will not be returning.
Should we go through the process of serving a Notice of Belief of Abandonment or 3-Day Notice to Pay Rent or Quit?
I'm thinking that the abandonment notice is all that is necessary at this point and sit it out for the next 18 days. Without a response, we can make entry, change locks, and inventory of any items left behind.
If we get a response from the abandonment notice without rent payment, then the next step is the 3-Day notice.
Or is do we do both notices at once?
Thanks in advance for your help.
Ken
BTW, if it matters, the city is under rent control.
[ Edited by ken851 on Date 01/22/2004 ]
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