What you need to know on Eviction for Nonpayment of Rent?
Roughly nine out of ten are unlawful detainer actions resulted from the tenant’s not paying rent on time. Upon deciding that your tenants will either unable or unwilling to pay the rent on time, they should be evicted as soon as possible (or move out). The only legitimate method to do this calls for a lawsuit for "unlawful detainer."
Prior to bringing an unlawful detainer claim, the law requires you to cancel the tenancy. To effectively end a lease for nonpayment of rent, you must inform the tenant if there is a rent default. A written notification of three days using a form known as a Three-Day Notice to Pay Rent or Quit.
What are the requirements in preparing a Three-Day Notice?
Keep a watchful eye on the technicalities of making and delivering the 3-day notice. Any errors in the notice will provide your tenants, (or their lawyer) grounds to fight the eviction lawsuit. If anything, a misstep during the three-day notice could make your unlawful detainer action moot. Consequently, you are "fatally defective" and not merely lose, but will almost certainly be required to pay the tenant's court costs and attorneys' fees and will have to begin the entire process over once more with the proper three-day notice.
Rent Due October 1, 2021 and Later
• Your tenant(s)’s name(s)
• A description of the property: street address and apartment or unit number, city, county, and state
• A request for the tenant(s) to pay the specified sum owed for rent in three days, or move. If you simply request the rent and do not lay out the departure option, your notice has a fatal flaw.
• A statement that you will pursue legal action (and declare the lease/rental agreement “forfeited”) if the tenant does not pay the entire rent due or move
• Information on to whom, where, and how the rent is to be paid. This information must include either (1) for personal delivery of the rent, an address and the hours for delivery where the tenant can pay the rent in person, or (2) if the rent cannot be delivered in person, a mailing address with a statement that the date of payment will be the date of mailing as evidenced by a postmarked United States Postal Service proof of mailing to the listed name and address, or (3) the notice may specify the name, address, and account number for a financial institution within five miles of the apartment or rental property where the tenant can pay the rent by direct deposit.
• An indication—like your signature, your supervisor or another individual you have permission from to certify, in writing, that three-day notices are from you. The notice need not be date, but it is advisable to do so. And,
• Any language or attachment required by a local rent control or another ordinance.