If you are a tenant in California, you may be familiar with the term “3-day notice to quit”, a legal document which informs about the lease termination. It is important for both parties to understand the legal implications of this document, and below we share everything it implies.
It is a document that is served to a tenant by their landlord. It states that the tenant has three days to vacate the premises or face eviction and must include certain information: the name and address of the tenant, the date of the notice, the reason for the notice, and the amount of time the tenant has to vacate the premises. It must also include a statement informing the tenant of the right to contest the eviction in court. The notice must also be signed and dated by the landlord or property manager.
The tenant must be given three full days to vacate the rental property, excluding weekends and legal holidays. If the tenant does not vacate the rental property within three days, the landlord can proceed with an eviction lawsuit.
A landlord can serve this if the tenant has failed to meet their obligations under the lease or rental agreement. These can include not paying rent on time, violating the terms of the lease, or creating a nuisance. In addition, a landlord may issue a this kind of notice if the tenant has stayed beyond the end of their lease.
If you receive this type of notice, it’s important to take action as soon as possible. You should first contact your landlord to see if you can work out an agreement to avoid eviction. If this is not possible, you must vacate the premises within three days or face eviction. You may also be able to challenge the document in court. In some cases, the notice may not be valid if it was not served correctly or if the landlord did not provide proper notice before issuing the notice.
Receiving a 3-day notice to quit can be a stressful experience for tenants. It is important to take action immediately if you receive one and to be aware of your rights. Keep in mind that this legal document is only applicable in California and that other states may have different laws and regulations.
If you are unable to work out an agreement with your landlord and need legal assistance, Committed Legal Services is here to provide you with all the support you need.
Call 951-221-6334 today for more information!
Being served with an eviction notice is every tenant’s nightmare. The chances are that the eviction process cannot be completely stopped, but the tenants can attempt to stop or delay it. Read below to find out more about what can be done in this situation.
Some of the reasons a landlord can evict a renter are:
A landlord can give a renter a 24-hour notice to vacate the property if the tenant has threatened or physically assaulted the landlord or another tenant in the property, or substantial damage was caused to the rental property. This notice must be in writing, state the reason for the termination of the tenancy, specify the date of the termination of the lease, have the address of the property and be signed by the landlord.
If the tenant does not comply with the eviction notice, the landlord has to apply for a court order within 10 days. If the landlord fails to do this, then the tenant can continue living at the rental property and the tenancy stays in place.
If the landlord decides to terminate the lease agreement, you will first receive a written notice that will specify the reason for the eviction and the period you will have to comply with it.
Depending on where you live, you could receive different types of notices:
Before a tenant can be lawfully evicted, a landlord must follow these steps:
Going through an eviction is a difficult and stressful process for every tenant. The best thing to do is try to avoid an eviction rather than fight to stop it, as it’s not always straightforward. If your landlord served you with an eviction notice, and you need some expert legal advice on the matter, our team is here to answer your questions.
Call 951-221-6334 today for more information!
If you are renting a property, receiving an eviction notice is probably one of the most stressful things that can happen to you as a tenant. There are several steps you can take to avoid your landlord asking you to love your property. If you are wondering whether will filing for bankruptcy stop an eviction, read below to find out everything you need to know about the requirements for stopping an eviction through this process.
If you decide to file for bankruptcy, its automatic stay order would stop many forms of litigation, including getting evicted by your landlord. However, this has to be done before your landlord receives a possession order from the court-also called an “unlawful detainer” (UD). The automatic stay goes into effect when you file for bankruptcy and will prevent your landlord from starting the UD action. However, in most states in the US, both Chapters 7 and 13 of Bankruptcy will only stop the eviction temporarily. In California, you will have to catch up on the past due amounts to stay.
Chapter 7 Bankruptcy eliminates past due rent and if you file for it, you will have to give up any assets which are not “exempt”. If you would like to stay in your rented property, you are however required to pay any rent you owed within 30 days of filing for bankruptcy. If you decide to move out, you won’t have to pay back anything you owe to your landlord.
To qualify for a Chapter 13 bankruptcy, you need to meet some income and debt criteria. If you file for it, you can propose a repayment plan to your landlord, and pay back any rent owed over 36-60 months.
So if you are considering filing for eviction, you should get in touch with a specialist who can give you the right advice and guide you on the matter. You should also ask yourself if you can afford to pay the rent going forward, how long is left on the lease agreement or if you can arrange for alternative living.
Filing for bankruptcy will not stop an eviction in two situations. If your landlord is claiming that you are endangering the property in some way (or using illegal substances), you can be evicted even after the bankruptcy is filed. In this case, the landlord has to also file a certification to the court to sustain his allegations (which you can also dispute).
The second situation where the eviction process will go ahead even if you filed for bankruptcy is when your landlord obtained the unlawful detainer (UD) from the court before the bankruptcy is filed. This court order gives the landlord the right to take possession of the property and bankruptcy will not prevent this from happening.
Facing an eviction process can be very stressful, especially if combined with financial difficulties. As seen above, filing for bankruptcy can help in stopping an eviction, but in some cases, this is a temporary solution.
If you are worried about losing your rental property, get in touch with our expert team who can give you the advice and support you need!
Call 951-221-6334 today for more information!
Being served with an eviction notice is every tenant’s nightmare. The chances are that the eviction process cannot be completely stopped, but the tenants can attempt to stop or delay it. Read below to find out more about what can be done in this situation.
If your landlord has issued an eviction notice with cause, then technically, they want you to do something. While you may not want to do it, if you know that it’s a valid request, you can stop some forms of eviction by simply fixing the problem.
If you need to pay rent, you can pay your rent, and the eviction notice can’t progress. Be careful of continuous late or failed payments on your rent, or it can become a bigger issue that can’t be stopped later.
If you’re violating terms of your rental agreement, such as having pets, you will need to remove your pet from the property, such as having the pet stay with friends or relatives until you can find a longer-term solution.
Depending on the reason for your eviction, you may be able to talk to the landlord and resolve the issue, or you may be able to request more time so that you can find a new place to live.
You can talk to the landlord directly or use a mediation service; many cities offer low-cost or, in some cases, free mediation for eviction disputes.
If you’re late on rent, then you can try to work out a payment plan that brings you back up to speed. If you’ve been a good tenant in the past and recently fell on hard times, it may be in the landlord’s interest to keep you as a tenant, but you need to set up the payment plan with dates where you must complete payment.
You may find that the landlord wants you gone, but you can negotiate a longer period before you must leave so that you’ve got a chance to find a new home. Your landlord may accept this as it requires less effort on their part simply for giving you an extra month to find a new home.
If you believe the eviction notice is invalid or you’re looking for extra time, then you can respond to the lawsuit and take your grievances or issues to court.
At a minimum, by responding to the lawsuit, you can extend the time before you must leave the home, which can be enough to let you find a new home. However, if you owe rent and go to court, you’re likely still responsible for paying that rent.
Because the eviction process can happen quickly, and you may not have the time, resources, or even understanding to deal with the issue, you will want to get professional assistance to help fight the eviction. At Committed Legal Services we are your ideal alternative to taking on a landlord by yourself. We can help you get the best result possible and help you stop your eviction.
Call 951-221-6334 today for more information!
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