Legal Question in Real Estate Law in California
3 day notice to pay or quit
Once I have served a 3 day notice to quit or pay, what actions should I take?
4 Answers from Attorneys
Re: 3 day notice to pay or quit
immediately after 3 day, file your Unlawful Detainer Complaint and have it served.
Re: 3 day notice to pay or quit
After 3 days from the date of service, you can file an unlawful detainer action. If you fax to me all of your documentation to 714 363 0229, I will provide you with free consultation and can answer all of your questions and explain the procedure. If I am not in at 714 363 0220, please speak with Barry, an attonrey in my office.
Re: 3 day notice to pay or quit
After the expiration of the three day period, you must file an unlawful detainer action. You can obtain the forms used to file the action from your local courthouse (many courts also have informational material on what steps you need to take). Basically you will need to file a complaint, have a summons issued, and serve a copy of both on the tenant. The tenant then has 5 days to answer. If no answer is filed by the tenant, you will need to file a request for entry of default, and obtain a writ of execution for possession of the property. The writ is then served on the tenant and, if the tenant has not vacated the premises within the time specified in the writ, the levying authority (a marshall or sheriff) will physically remove the tenant from the premises.
Re: 3 day notice to pay or quit
If they do not pay or move out, you need to file an unlawful retainer action in court.