To initiate the unlawful detainer process based on a tenant’s failure to pay rent, the landlord or the landlord’s agent must do a 3 Day Notice to Pay Rent or Quit. Here are some, but not all, things the landlord should remember to include:
1. Amount of Past Due Rent. The 3 Day Notice to Pay Rent or Quit should include the amount of past due rent. Make sure that you do not overstate the amount of rent due – this will invalidate the three day notice and may ultimately cause you to loose at trial.
2. Location and Time When Rent Can Be Paid. The 3 Day Notice should also include the location and time when the past due rent can be paid.
3. Election of forfeiture. The landlord should also include an election of forfeiture. This helps make sure that the tenant will lose its right to possession if he/she/it fails to cure the rent default.
These three tips are by no means an exhaustive list of the requirements for a valid three day notice to pay rent or quit. We caution landlords against simply buying or downloading pre-made forms. I have personally inspected many of those forms and frequently find deficiiencies in them.
We will be posting more tips on drafting valid 3 Day Notices to Pay Rent or Quit in the near future. For additional information please do not hesitate to contact us at www.schorr-law.com, 323-658-8196, email@example.com.