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when can i give a 3 day notice when my renters dont pay rent?

1 Answers. Asked on Jul 04th, 2017 on Real Estate - California
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Answered on Jul 05th, 2017 at 9:31 AM

Unless you have a written lease or rental agreement with the tenants, then the 3-Day Notice to Pay Rent or Quit can be hand-served on the tenants by a registered process server the day after the rent became due. Many leases provide for a late charge, and the late charge does not apply until a couple of days later, often the fifth day. If you have such a lease, then you might want to wait until then, so that you can use the late charge to offset the fee of the process server. Don't wait any longer than that. If you let the tenants get a month behind, it is unlikely that they will ever catch up. Whatever prevented them from paying the rent one month is not going to make them able to pay for two months the next month.

Another technique some of my clients use is to call the tenant on the day after the rent is due, if it has not been received, and complain and tell the tenant it is due on the day it says in the lease, usually the first day of the month, even if there is a late charge that doesn't happen for a couple of more days. The tenants get tired of these embarassing and demeaning calls and start mailing their checks a couple of days early so that they arrive on time.

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Dana Sack




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Real Estate
Real estate attorneys can help individuals, families and small business with all property-related legal issues. Buyers and sellers of residential and commercial real estate should work with an attorney to negotiate the terms of agreement; draft and review the contract; review related paperwork (such as loan agreements); clear existing liens on a property; and attend the closing. Lawyers can also assist property owners with addressing zoning/rezoning issues and appealing property tax assessment. Landlords and tenants should work with real estate law firms to draft and review lease agreement, handle eviction proceedings and resolve landlord-tenant disputes.
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