The Three Day Notice - The Fast Lane to Resolving Landlord-Tenant Disputes

A landlord must take many things into consideration when dealing with a tenant who has stopped paying rent. While certain rent related disputes can be resolved with a promissory note and a fresh start to the rent relationship, others lead to unlawful detainer litigation and eviction. Landlords face a wide variety of disputes and an endless number of methods for resolving tenant issues.

Regardless of the path your dispute is taking, the use of a three-day notice may lead to a quick resolution. A written three-day notice can be used by a landlord where a tenant has done any of the following:

  • Failed to pay the rent;
  • Violated any provision of the lease/rental agreement
  • Materially damaged the rental property (legally known as "committed waste")
  • Substantially interfered with other tenants (legally known as "committed a nuisance")
  • Is using the rental property for an unlawful purpose.

Failure to pay rent is the most common situation in which a three-day notice can be used by the landlord to obtain a quick and efficient result. Where a tenant has failed to pay rent, the three-day-notice must include the amount of rent due. Additionally, the three-day-notice must also provide the name, address and telephone number of the person to whom rent is to be paid. Where in-person payment is accepted, the three-day-notice should also include the days and hours the person is available to receive payment. On the other hand, where the address does not accept personal deliveries, the rent can be mailed to the owner at the name and address stated at the top of the three-day-notice. Legally, the rent payment is received by the owner on the date of the postmark. However, to avoid a dispute pertaining to the date of receipt, use certified mail with return receipt requested and keep all proofs of mailing.

Some lease violations can be fixed ("cured") before the expiration of the three-day-period. Depending on the type of lease violation, the three-day notice can demand that the tenant correct the violation or leave the rental unit altogether. If the lease violation involves something that the tenant can correct (for example, the tenant hasn't paid the rent, or the tenant has a pet but the lease doesn't permit pets), the notice must notify the tenant of the option to correct the violation. However, where the violation cannot be corrected, the three-day-notice can order the tenant to leave the leased premises at the end of the three days.

Due to the procedural requirements pertaining to content of the three-day notice, the method of service of the three-day notice, and the eviction process itself, both landlords and tenants should consult an attorney to ensure the proper enforcement of their rights or defense of their interests.

If the tenant corrects the correctable violation of the lease during the three-day notice period, the tenancy can continue. If the tenant fails to correct the violation after the three-day period expires, the landlord may file a lawsuit to evict the tenant. A landlord should always consult an attorney before beginning eviction proceedings.

The Fast Lane to Resolving Landlord-Tenant Disputes A landlord must take many things into consideration when dealing with a tenant who has stopped paying rent. While certain rent related disputes can be resolved with a promissory note and a fresh start to the rent relationship, others lead to unlawful detainer litigation and eviction. Landlords face a wide variety of disputes and an endless number of methods for resolving tenant issues. Regardless of the path your dispute is taking, the use of a three-day notice may lead to a quick resolution. A written three-day notice can be used by a landlord where a tenant has done any of the following: Failed to pay the rent; Violated any provision of the lease/rental agreement; Materially damaged the rental property (legally known as "committed waste"); Substantially interfered with other tenants (legally known as "committed a nuisance"); or Is using the rental property for an unlawful purpose. Failure to pay rent is the most common situation in which a three-day notice can be used by the landlord to obtain a quick and efficient result. Where a tenant has failed to pay rent, the three-day-notice must include the amount of rent due.

Additionally, the three-day-notice must also provide the name, address and telephone number of the person to whom rent is to be paid. Where in-person payment is accepted, the three-day-notice should also include the days and hours the person is available to receive payment. On the other hand, where the address does not accept personal deliveries, the rent can be mailed to the owner at the name and address stated at the top of the three-day-notice. Legally, the rent payment is received by the owner on the date of the postmark. However, to avoid a dispute pertaining to the date of receipt, use certified mail with return receipt requested and keep all proofs of mailing. Some lease violations can be fixed ("cured") before the expiration of the three-day-period. Depending on the type of lease violation, the three-day notice can demand that the tenant correct the violation or leave the rental unit altogether. If the lease violation involves something that the tenant can correct (for example, the tenant hasn't paid the rent, or the tenant has a pet but the lease doesn't permit pets), the notice must notify the tenant of the option to correct the violation. However, where the violation cannot be corrected, the three-day-notice can order the tenant to leave the leased premises at the end of the three days.

Due to the procedural requirements pertaining to content of the three-day notice, the method of service of the three-day notice, and the eviction process itself, both landlords and tenants should consult an attorney to ensure the proper enforcement of their rights or defense of their interests. If the tenant corrects the correctable violation of the lease during the three-day notice period, the tenancy can continue. If the tenant fails to correct the violation after the three-day period expires, the landlord may file a lawsuit to evict the tenant. A landlord should always consult an attorney before beginning eviction proceedings. Amir H. Afsar, Esq. is an attorney and founder of Afsar Law Group, A.P.C. which represents clients in business, real estate, construction, and estate planning matters throughout the Coachella Valley including Indio, La Quinta, Bermuda Dunes, Indian Wells, Palm Desert, Rancho Mirage, Cathedral City, Palm Springs, Banning, Joshua Tree, and other cities located within Riverside and San Bernardino County. Mr. Afsar can be reached at Afsar Law Group, A.P.C. at 760.345.3110. Back to Real Estate

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