Eviction In Sacramento, California.
What is the fireproof way of delivering 3-Day Pay or Quit notice. We are couple of hours away from the rental property, and would not want to drive there to deliver it ourselves. We are concerned that if we ask our Realtor to deliver it, they might not open the door. Please advise.
Three Notice can be posted on the front door followed up by 1st class mail.
On the back of my Copy of the Three Day Notice To Pay Rent Or Quit is a Declaration of Service of Notice to be filled out by Server.
Taiyo
Taiyo,
Does the Affidavit of Service that you mention need to be notorized before it is served?
Alexander.
Try finding a process server to do it for www.you.They will charge about $30 a person. On the 3 day it says to only use the post and mail as a last resort....dont know how they could prove you didnt try and serve in person. The process server will also be handy to have in an eviction as they can deliver the summons...You can do 3day but cannot do the summons.....If posted it does not need to be notarized just signed by whomever delivers it and dated with the correct date (made that mistake once ...never again)
Good Luck
Thanks BMan,
We found a process server and served them this Friday 23rd. The next day the check arrives, postmarked 22nd of April.
The check is for the full amount of the rent, but there is no late fee and partial security deposit which they agreed to pay is not there either. They were 22 days late and this is their second month in the property. Sould we do nothing and wait to see what happens in May???
agabovich
Take the amount of late charges from the amount of rent paid. Send the tenant a registered letter advising them the rent was short $??????, and is to be paid immediately, or leave the property. Our rental laws suck in this state, don't they?
I am a California Landlord and not an attorney.
Since you received the rent in the 3 day period you have to accept it. Trying to evict over the amount of the late charge or deposit will not work.
My experience is that if the rent is not paid in the first 3 months of a tenancy, on time, the tenants are lemons. Some are minor problem tenants and some are major. I would immediately raise the rent, assuming you are on a month to month tenancy to make up for the pain in the butt these people will be. I have had these tenants pay up, and then a month or two later they are late again.
For the next year, serve the pay or quit notice on very first day you can, the first day the rent is late. Call the tenants and tell them that business is business and if they don't pay they will be leaving or be evicted. Being soft and waiting only means you will have to charge good paying tenants more to make up your losses. I know because I did it and regret it.
There are people in the world that think that paying rent is a low priority. They will buy a cell phone, cable tv and a new dog, at the same time that they are stiffing you. They think that you are rich and stiffing you is part of their lifestyle.
P.S. Never let anyone in without a full depost. NEVER. Been screwed that way also.
So even though the lease clearly states, that the tenants are to pay partial security deposit and late payment if they are late, if they don't pay it, there is nothing that could be done??? I thought if the lease is broken in any way by the tenant they would be subject to eviction.
It is your call BUT I agree that it is just going to get worse. By the fact that they were served they know you are serious and it is money well spent just for that alone.... If they are in a Lease and you want them out insist upon them meeting ALL requirements of the agreement immediately (dep. money, late fees etc..) or inform them they will/are in breach of the lease and that this is grounds for termination...Of course you wil ave to start all over because you served them for rent and they paid so now you will have to do it for whatevr reason they have breached.....but remember if they do correct everything they stay....unless it is a Month to month sand you serve them their 30 day notice....I had the exact same thing happen but I made the mistake of sending the check back because of lack of late fees....NEVER Make this mistake...take it and cash it NOW....Good Luck........[ Edited by BMan on Date 04/27/2004 ]
Well the payment that they have sent was in two parts, money order and regular check. We deposited the payment, and this weekend found out that the check portion bounced. We called them right away and notified them that we are continuing with eviction. They called back and said, sorry, sorry, we are sending another check, next day delivery. In two days we get a phone call from them demanding compensation for the cooktop that was not working and took up some time to replace. Said that they would withhold this month rent if we do not compensate them for their trouble. Supposedly the remainder of last month rent in the mail. I think at this point we can legally proceed with eviction, or should we negotiate?