property managers and notices

When are 3 day notices used?

3 Day Notices to Pay Rent of Quit for non-payment of rent or short paid rent. If the tenant pay less than the total rent, then the landlord can post a 3 day notice to pay rent, but it can only include the past due rent balance. California law provides that an owner can serve a 3-day notice to pay rent or quit after the tenant defaults in rent payments. It is best never to include the late charge on the notice. It seems strange, but this is the case since the word ‘rent’ does not indicate or specify any other charges such as late charges, interest, NSF charges, utility payments and damages. Since California Courts strictly apply unlawful detainer law, it is not advisable to jeopardize your case by including charges other than rent. With unlawful detainer law, if you make a small mistake on your notice as a landlord, you will most likely loose in court.

A sample 3 day notices should read: If rent is not paid by the due date, and/or if the check tendered for in payment of rent is subsequently returned by the bank for any reason, a late charge will be immediately due and payable to the landlord by the tenant. Tenant recognizes that a default in rent payments by the due date, and or by tendering rent by check which is later returned for any reason, will result in additional owner expense, including and not limited to administration fees, bank charges, and ultimately the loss of access of the owner to the rent funds to fulfill their underlying financial obligations and the use of rent. Tenant agrees that in such events of default, the landlord in entitles to liquidated damages caused by such default. Since determining the extent of the damages suffered by the landlord as a result are difficult and/or impractical to ascertain, the tenant agrees to  a flat fee sum (or percentage or rent, but not both) for each rental payment that becomes delinquent and/or for a every returned check. Tenant agrees that this is a reasonable estimate for said damages and agrees to pay or cure the sum on demand.

A 3 day notice to perform covenant of quit is a little different. After notice is posted the tenant has three days to remedy lease violation or landlord can file an unlawful detainer which can lead to an eviction. A  Landlord can also terminate a tenant’s lease for subletting without permission or illegal activity on the premises, unless the tenant corrects the issue with in the 3 days period.

When are 24-hour notices used?

A landlord may not notice a tenant for entry with a 24-hour notice if the tenant is away for an extended time. Entry for emergencies is allowed; Landlord or Agent can enter immediately with no notice. If a tenant is not away for an extended period, a 24-hour notice is acceptable for entering a property to make necessary and agreed to repairs or to show the property to prospective renters and buyers. The laws have now changed, where notices delivered for entry on a weekend or Holiday are not effective until the next regular business-day. In other words, unless the tenants allow for it, a landlord cannot require that a tenant allow access to the property on Saturday or Sunday, even if a property notice is posted 24 hours ahead of time on Friday. If the following Monday is a Holiday, access is not permitted until the Tuesday. This is not the case with emergencies as access is permissible with no notice in these situations. 

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