50 Ways to Lose an Eviction Using a Faulty 3 day Notice

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50 Ways to Lose an Eviction Using a Faulty 3 day Notice

One of our clients asked if I could come up with at least 50 ways a landlord could lose an eviction by screwing up on the 3 day notice. I wrote the list below in about 15 minute based on experiences at the courthouse handling evictions. Many people think the law regarding evictions in California is clear however it is often not. We recommend you call our office regarding any termination notice. By serving a termination notice that is improper, you may have to start all over again in the eviction process or you may even have to pay the tenant’s attorney’s fees. This applies if the tenant wins and there is either a contractual or statutory right to attorney’s fees. Attached is also a link to our notice page so you can fill out your own notices if you are so inclined. Please find our 3 day, 30 day and 60 day notice page by going to our Eviction Notice and Forms page.

50 Ways to Lose an Eviction Using a Faulty 3 day Notice.

  1. The three day notice overstates the amount of rent due.
  2. The three day notice doesn’t have the telephone number of a person to whom rent should be delivered to.
  3. The three day notice includes late fees.
  4. The three day notice was not served.
  5. The three day notice did not include a physical address to pay rent.
  6. The three day notice was served before rent was due.
  7. The three day notice was posted and sent certified mail rather than first class mail postage prepaid.
  8. The three day notice was served using overnight mail.The three day notice includes utility charges.
  9. The three day notice includes rent increases that were never agreed to.
  10. The notice of rent increase were not served correctly per Civil Code 827.
  11. The lease provides for a notice period longer than 3 days.The three days’ notice does not give the tenant the option of paying the rent or quitting in the alternative.
  12. The landlord did not take into account the tenant repair and deducting it from rent making the three day notice overstate the amount.The tenant pays the rent within the 3 day notice period.
  13. The landlord accepted rent after the 3 day notice expired.
  14. The landlord is an LLC without an attorney.
  15. The landlord is a property manager without an attorney.
  16. The three day notice was served while the landlord is currently in bankruptcy.
  17. The three day notice is served while the tenant is currently in bankruptcy.
  18. The landlord failed to comply with Civil code Section 1962.
  19. The landlord is in material breach of the lease when serving the three day notice.
  20. The landlord gives a 60 day notice when trying to evict for unpaid rent.
  21. The landlord failed to add five days for mailing and send certified mail if required to do so in the lease.
  22. The landlord did not declare a forfeiture in the termination notice.
  23. If the notice is on a lease breach violation the landlord doesn’t specify how to cure the breach.
  24. The landlord retaliated against the tenant by serving a termination notice that does not allow the tenant to cure.
  25. The landlord failed to establish an Electronic Funds Transfer before serving the 3 day notice to pay rent or quit, and is demanding rent be paid via EFT in a 3 day notice.
  26. The lease agreement allows the tenant a longer period to pay rent than three days.
  27. The lease agreement doesn’t prohibit additional occupants and tries to evict using a 3 day notice addressing the extra occupants.
  28. The tenant is in bankruptcy when judgment was entered thus making the judgment void.
  29. Landlord doesn’t comply with rent control ordinance.
  30. Landlord demands rent over 1 year in a 3 day notice to pay rent or quit.
  31. If the tenancy is commercial the landlord overstated the rent by more than 20 percent the notice to pay rent or quit.
  32. Landlord serves a commercial pay rent or quit and its not served as designated in the lease.
  33. When there is no landlord tenant relationship.
  34. The landlord serves a 3 day notice that does not comply with the local rent control ordinance.
  35. The landlord serves a 3 day notice after the expiration of a 60 day notice.
  36. The landlord serves two 3 day notices demanding different amounts.
  37. The 3 day notice doesn’t take into account court holidays!
  38. The landlord serves a termination notice for a reason not specified during a lease for a fixed term.
  39. Another action is pending with rent board.
  40. Landlord doesn’t pay SCEP fees when the property is under rent control.
  41. Landlord serves a 3 day notice and fails to obtain a certificate of occupancy.
  42. The tenants have a bona fide arm’s length lease protected by the PTFA
  43. The landlord loses the property to foreclosure.
  44. The three day notice is served by someone that is not competent to testify.
  45. The three day notice to cure or quit is based on a breach of the lease that is trivial.Landlord fails to name certain occupants in lease and commences eviction.
  46. The landlord is evicting the tenant for having an emotional support animal protected by the Fair Housing Act using a 3 day notice.

As you can see above, there are a lot of laws regarding the service of 3 day notice and the contents they must contain. It is best to consult with one of our eviction attorneys before service of a 3 day notice so you can ensure it is done correctly. The list above is not entirely comprehensive but is something serious you need to consider before proceeding with an eviction in California. I do not think I hit 50 reasons but I must get back to work. Call in if you have any questions.

Please leave a comment if you can think of more reasons!


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