What procedure do I need to take to answer a 3-day or quit notice?
Full Question:
Answer:
In California, the landlord can terminate the tenancy by giving the tenant only three days' advance written notice if the tenant has done any of the following:
-Failed to pay the rent.
-Violated any provision of the lease or rental agreement.
-Materially damaged the rental property ("committed waste").
-Substantially interfered with other tenants ("committed a nuisance").
-Used the rental property for an unlawful purpose.
If the landlord gives the tenant a three-day notice because the tenant hasn't paid the rent, the notice must accurately state the amount of rent that is due. In addition, the notice must state:
-The name, address and telephone number of the person to whom the rent must be paid.
-If payment may be made in person, the usual days and hours that the person is available to receive the rent payment. If the address does not accept personal deliveries, then you can mail the rent to the owner at the name and address stated in the three-day notice. If you can show proof that you mailed the rent to the stated name and address (for example, a receipt for certified mail), the law assumes that the rent payment is received by the owner on the date of postmark.
Instead, the notice may state the name, street address and account number of the financial institution where the rent payment may be made (if the institution is within five miles of the unit). If an electronic fund transfer procedure was previously established for paying rent, payment may be made using that procedure. The landlord normally cannot require that the tenant pay the past-due rent in cash.
If the three-day notice is based on one of the other conditions listed above, the notice must either describe the tenant's violation of the lease or rental agreement, or describe the tenant's other improper conduct. The three-day notice must be properly served on the tenant
Depending on the type of violation, the notice may specify (1) that the tenant correct the violation or leave the rental unit, or (2) that the tenant move out. If the violation is something able to be corrected, such as late lpayment of rent, the notice must give the tenant the option to correct the violation. However, the other three conditions listed above cannot be corrected, and the three-day notice can simply order the tenant to leave at the end of the three days.
If the tenant pays the rent that is due or corrects a correctable violation of the lease or rental agreement during the three-day notice period, the lease continues.
If the tenant attempts to pay all the past-due rent demanded after the three-day period expires, the landlord can either file a lawsuit to evict you or accept the rent payment. If the landlord accepts the rent, the landlord waives to evict the tenant based on late payment of rent.
If served a notice for failure to pay rent, the tenant must either pay the full amount of rent that is due or vacate (leave) the rental unit by the end of the third day, unless the tenant has a legal defense for not paying rent (see The "repair and deduct" remedy and "rent withholding remedy").
If the tenant decides to pay the rent that is due, it's best to call the landlord or the landlord's agent immediately to inform of the intent to pay the amount demanded in the notice (if it is correct) and arrange for a time and location to deliver the payment to the landlord or agent. The tenant must pay the rent by the end of the third day, and it is recommended to pay by cashier's check, money order, or cash and get a receipt signed by the landlord or agent that shows the date and the amount of the payment.
The landlord normally cannot require that the tenant pay the past-due rent in cash. (See "Living in the Rental Unit".)
If the amount of rent demanded is not correct, the tenat should discuss this with the landlord or agent immediately, and offer to pay the amount that is actually due. A written confirmation of the oral offer should be mailed and a copy of the written confirmation of the offer should be kept. The landlord's notice is not legally effective if it demands more rent than is actually due, or if it includes any charges other than for past-due rent (for example, late charges, unpaid utility charges, dishonored check fees, or interest). If the amount of rent demanded is correct and doesn't include any other charges, occupants should move out promptly if they decide not to pay.
If the tenant stays beyond the three days without paying the rent that is properly due, the tenant will be occupying the rental unit unlawfully. The landlord may evict and recover the unpaid rent (called an "unlawful detainer [eviction] lawsuit"]). A tenant's failure to pay the rent and to leave promptly may also become part of his/her credit history, which could affect the ability to rent from other landlords.
Even if the notice does not state that the tenat can correct the problem, the tenant can try to persuade the landlord that you will correct the problem and be a good tenant if the landlord agrees to your staying and waives the violation. However, in the event the tenant fails to keep the promise to correct or commits another violation, the landlord probably will serve another three-day notice, or a 30-day notice.
If you believe that the landlord has acted unlawfully in giving you a three-day notice, or that you have a valid defense to an unlawful detainer lawsuit, you should carefully weigh the pros and cons of contesting the landlord's likely eviction lawsuit against you if you don't move out. The three days start on the first day after the day the notice was served. If the third day falls on a Saturday, Sunday, or holiday, the three-day period will not expire until the following Monday or nonholiday.