Legal Question in Landlord & Tenant Law in California

WHEN to post 3 Day Pay or Quit

i moved from CA 4 mos ago and am leasing my home , for which i have a 6 mo lease agreemnt.

A couple of things:

i left furn and misc items there, and although it is NOT part of the lease contract (ie. partially furn), i have emails stating this and it being ''ok'' w/ tenant.

But, they have breached the contract in several areas:

1) Full paymnt of sec dep (i gave them 10 wks to PIF, as it was $2000), it is now nearly 30 days overdue. (theyve only pd $834).

2) HOA violations, ie trash cans not stored properly, leaves and debri not maintained (health and fire hazards).

3) They ''Accidentally'' unplugged sprinkler system for 4-6 wks, thus flowers, plants and palms died.

4) over 30 and 60 days late on water bill - and never put it in their name (was supposed to...i have it in writing).

so, now of course tenants are complaining about furn/misc left behind, and the fact that she ''missed work'' to be there when movers came (she'd offered, even though my sister went over their to meet movers and supervise the move).

I have MOST if not Everything above in writing.....emails back and forth....

can i leave a 3 day on their frnt door?....like, NOW?...or do you suggest i wait until AFTER they pay jan's rent?


Asked on 12/25/07, 2:05 am

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: WHEN to post 3 Day Pay or Quit

If they are behind, DO IT NOW!

They are behind on security deposit!.

Put exact amount on 3 day, and do not include any late fees or other charges---just security deposit and/or other back rent (if due).

Also, you must have place where to pay, and to whom, on notice (despite tenant knowing where, when, how, to who).

Serve it personally by handing it to them, or an adult (over 18) in household. If no one home, post on door, and mail copy same day.

If you need more help, feel free to e-mail, or call, my office.

Good luck!

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Answered on 12/25/07, 12:32 pm


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