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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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What possible verification(s) do we need to serve a tenant

Customer Question

what possible verification(s) do we need to serve a tenant with a Three Day Notice To Quit which does NOT include the option to 'cure' the complaint OR quit? She is more than six month's behind in the rent AND has consistently violated more than a dozen conditions of the signed month-to-month rental agreement and continues to do so. We just want her GONE!
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 11 months ago.
Dear Customer,You will want to issue a "3 day notice to quit" (example form: http://www.tsci.com/pdfs/form577.pdf) - here is a "Proof of Service" that you can utilize for service of the notice: http://www.evictionlaw.com/assets/proof_of_service_of_notice_fill_in_form1.pdfOnce you have served the notice, and assuming that your tenant does not vacate within the 3 days, you can use the California Court's self help site (it is excellent) it has forms and information to guide you through the eviction process: http://www.courts.ca.gov/selfhelp-housing.htm
Customer: replied 11 months ago.
sorry but this did NOT address my question: which, to re-phrase it, if we chose to go with a notice to quit " where a tenant violates a term of the rental agreement that cannot be fixed." [eg nuisance (keeping music or tv blaring all night long) threatening health and safety of other tenants (garbage and rotting food spread over common areas 2 ft. deep (have photos), physical battery - unfortunately not reported to police; writing DIE on bathroom wall in red paint (photo);filling hall w/ clothes lines with dripping clothes, just to mention a few.] are such infractions significant enough to warrant not being willing to request that they be rectified OR quit. don't know whether the "what have you tried so far" page printed, if not let me know and I will send you the information about the failure of our previous UD complaint failure. We KNOW where to find the forms. We need to know WHICH one to use, and what constitutes PROOF that the violations occurred and are ongoing and cannot be "cured"as an alternative.
Expert:  CalAttorney2 replied 11 months ago.
Dear Customer,My apologies for the confusion. (The "what have you tried" information did not come through).The distinction between a "3 day notice to quit" and a "3 day notice to cure or quit" is roughly broken down here (the type of conduct you describe does appear to qualify for a 3 day notice to quit - as opposed to allowing the tenant the opportunity to cure):3-Day Notice to Perform Covenants or QuitLandlords can use this kind of notice if the tenant is violating terms of the lease or rental agreement and the problem can be fixed. For example, if the tenant has moved in a pet without permission, or is not keeping the unit clean, or is violating some other term of the agreement, the notice must ask the tenant to correct the violation within 3 days or move out.The notice must:Be in writing;Say the full name of the tenant or tenants;Say the address of the rental property;Say what the tenant did to violate the lease or rental agreement; and Say the tenant has the chance to fix the problem or move out in 3 days.3-Day Notice to QuitThis kind of notice is used if there have been ongoing problems with the 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; orMoves 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;Say everything that the tenant did to break the lease or deserve a 3-day notice to leave, and include details and dates; andSay clearly that the tenant has to move out as soon as the 3 days are up.
Customer: replied 11 months ago.
hello william. this is to let you know that due to a billing SNAFU on the part of Just Answer, they have informed me that in order to receive the 'membership level' i had chosen, i have to cancel the membership I ended up being billed for ,NOT the one i had selected ( i had actually selected the most expense of the three, ironically !)- and start all over again. I realize this is not your fault – but it's not mine either. i'am being forced to ask ANOTHER full charge 'first' question and then select the membership had selected and for which i will, hopefully, be correctly billed. therefore, i am rejecting your 'first question' answer and shall start with another one . no offense. i shall ask a VERY simple question as soon as i notify them to cancel the level of membership i got STUCK with.