When are 3 day notices used?
Landlords in California can serve a 3-day notice to pay rent if tenants default on rent. The notice should only include the past due rent balance, without any late charges.
Unlawful Detainer Law
In California, the term ‘rent’ doesn’t cover additional charges like late fees, interest, or damages. To avoid jeopardizing your case under unlawful detainer law, refrain from including any charges other than rent to ensure a successful outcome in court.
Rent Late Charges: An Example 3 Day Notice
The 3-day notice states that failure to pay rent on time or if a rent check bounces, the tenant must promptly pay a late charge. This default results in additional expenses like fees, bank charges, and restricted access to rental funds.
Liquidated Damages Caused by Delay in Rental Payment
Tenant accepts the landlord’s right to obtain fixed liquidated damages in case of default, agreeing to a set fee for delinquent payments or returned checks. This fee is considered a reasonable estimate for damages and must be paid promptly upon demand.
3 Day Notice to Perform Covenant of Quit
After a 3-day notice, the tenant must fix lease violations or face eviction for subletting or illegal activities within the 3-day period.
When are 24-hour notices used?
A landlord can enter with 24-hour notice except for emergencies; immediate entry permitted if urgent. Tenant absence allows entry, otherwise, 24-hour notice needed for repairs or showings.
The Laws of Emergency Management
The laws have now changed, where notices delivered for entry on a weekend or Holiday are not effective until the next regular business-day. Unless permitted by tenants, landlords cannot require access to the property on weekends, even with 24-hour notice. 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.