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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 15760
Experience:  Licensed General Practice Attorney, Texas
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Can i cross out the pay part on a 3day pay or quit notice?

Customer Question

Can i cross out the pay part on a 3day pay or quit notice? The tenant has never paid rent as he was working on the property in exchange for a room and board. His services are no longer needed as he did not perform according to a verbal agreement, he has also moved in a girlfriend when he was told from the beginning it was only for him.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  ScottyMacESQ replied 1 year ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation. The only time that you can have a "3 Day Notice to Quit" is in certain situations. See California Code of Civil Procedure 1161(4). 1161 lists all the situations where a three day notice to pay or quit / three day notice to perform covenants or quit / three day notice to quit can apply. 3-Day Notice to Quit: This kind of notice is used if there have been ongoing problems with a tenant who:Causes or allows a "nuisance" on the property;Uses the property to do something illegal (like sell drugs);Threatens the health and safety of other tenants or the general public; Commits waste (damage) that lowers the value of the property significantly;Moves in other tenants (subtenants) without the landlord's permission.The notice must:Be in writing;Say the full name of the tenant or tenants;Have the address of the rental property;State the details and dates of each incident that created a nuisance, waste (damage), or illegal activity, or the subletting of the propety to others; andSay clearly that the tenant has to move out within 3 days.So in short, the proper form to use would be a 3 day notice to perform covenants (promises) or quit, as a simple 3 day notice to quit would not suffice. I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacESQ replied 1 year ago.
I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!
Expert:  ScottyMacESQ replied 1 year ago.
Did you have any other questions before you rate this answer?