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Thank you so much for your promptly response even this is end of Friday.
I did e-mail her to ask to pay back this month rent with the late and bounced check fees altogether on July 17 because I received the bounced check notification from my bank by mail. However, I forgot and did not put the subject is "3 day notice to pay or quit".
1) Would that e-mail to my roommate to pay which is still have the same meaning as "3 day notice to pay or quit" so I can file "unlawful detainer" action in court to ask for a judgment in possession?
2) Shall I still be able to file "unlawful detainer" even my roommate notified me with 60 days notice to vacant by email(the lease agreement is month to month) and she can stay until to end of August?
I am a very difficult time to have her to sign the 3 day notice because she always come home very late while I was sleeping. When I woke up, then she left to work. She is always hiding from me. I want to serve this notice in Personal Service. Have her to sign and date on the 3 day notice form next to the Personal Service on the form. Will that be ok?
Even I posted on her bedroom front door, she would not sign. How I can serve this paper as soon as possible? Can I mail the form by "CERTIFIED MAIL" to my home(tenant's rental address) or send it to her employer work address by Express Overnight? Thus, if anyone signs the Certified Mail instead of herself from tenant's work or tenant''s residence(I, the landlord, sign the certified mail letter), will that be ok so the Certified Mail proofs that notify her with this 3 days notice to pay or quit? As I remember the form can be served by Personal, "Substituted", or Post and Mail service. * Substituted Service: A copy of the Notice was left with a person of suitable age and discretion at the Tenant's residence or usual place of BUSINESS and a copy mail to Tenant's residence.
Please advise if I am doing correctly to serve a copy of the form by Substituted Service to her work address by "CERTIFIED MAIL" and the other copy to the Tenant's rental residence? Thank you.
I am afraid of she will say to the Judge I didn't serve a 3 day notice properly because there is no 3rd party witness except my friend that I told him the story. May be he can be my witness in the court in the future if need.
I received my roommate only $400 not the full rent $648 per month this morning on the kitchen table. However, she gave me a personal check at the beginning of this month with no money I could cash at the bank. I am still holding the check.
Rent due as late charge per day $100 per agreed and signed lease agreement
Thus, the late penalty until end of this month $100 x 29 days = $2,900 +$50 1st time bounced check + $648 = Total $3,598 in this month (July)!!!
1) An additional sum of $100 of the rent due as a late charge per day $100 per agreed and signed lease agreement, how many days can I charge this late charge $100/day?
2) Can I cash the the 1st check $798(dated July 17) and the 2nd check $400(dated July 22 today) now and still file the "unlawful detainer" because she still has not pay enough rent with all the late fees and bounced check fees totally $3,598 in this month July?(actually I am not that kind of person charge that expense late fee $100/day which is put serious attention to tenant but this is my first time the tenant doesn't really pay the full rent even till end of this month today July 22!!!)?
3) I am afraid of she will say to the Judge I didn't serve a 3 day notice properly because there is no 3rd party witness except my friend that I told him the story. How to serve no argument in the future in the Court?
Thanks so much for your professional and kindly advises.
I am confusing the late fee. I know I am charging $100 per day late fee is too high.
1) How much is the late fee is reasonable for tenant pay late not on time? Our city is not under rent control areas. If I am charging $100 late fee and the bounced check fee $50, totally is $150 in this month that my tenant didn't pay the rental even though she gave me 2 checks.
- 1st check: $798(rent $648 plus $100 late fee and the bounced check fee $50
I couldn't cash the check actually no $ in her bank account *
- 2nd check: $400 not even enough pay this month rent $648
I couldn't cash the check again actually no $ in her bank account *
2) If you think this month *** $100 late fee & bounced check fee $50, and the other $400 late fee" are REASONABLE LATE FEES from your experience or by the California Department of Consumer Affairs, can I go ahead cash those TWO checks altogether at her bank on 29th this month because her bank account has "Direct Deposit from her employer" which might have enough funds? Today is July 25, I still have to receive any rent even a penny in this month now. She is always play game, fool me around, and ignore me. Always give me the check which has no enough funds in her bank account!!!
3) After you advise me(all my late charge to tenant $550 if reasonable), then I will go cash those two checks end of this month. If the tenant still not pay enough $ for the next month rent in August(I am sure she will tell me use her security deposit as her last month) as she has notified me move out end of next month August with 60 days notice, can I still serve her 3 Days Notice to Pay or Quit?
4) After 3 Days Notice to Pay or Quit, then I can file "Unlawful Detainer" from the court. How soon and the time frame I can have the sheriff take her stuffs away after filing to the court in Los Angeles, California?
- Do I have to notify her with Advance Notification the sheriff is going to take her stuffs away?
- If she doesn't give me back the security gate and the garage remotes, can I keep the two remotes security deposit for $60 which signed and agreed on the lease agreement?
5) I am scare the tenant will do something hurt me to my life if I file to the court and have the sheriff take her stuffs away. Do I have to file any paper to protect myself in case of anything happen she is doing to hurt me?
Thanks so much for your professional kindly advise. Sorry I have more questions as I have no experience with this first time happen to me :))
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