Legal Question in Real Estate Law in California
Serving A Pay or Quit Notice to My Tenant
I was not clear last time. I am a landlord. My tenant is not paying the rent. I am going to give him a pay or quit notice. Does it matter if I mail it or deliver it in person?
1 Answer from Attorneys
Re: Serving A Pay or Quit Notice to My Tenant
You must attempt to serve a three-day notice on the person, just mailing it is invalid. If after a reasonable number of attempts [different courts have different vague definitions of reasonable] personal service by someone who does not have a property interest in the property is unsuccessful, then you must post the notice on somewhere on the unit where it is clear and likely to be read by the tenant and then mail a copy to the tenant at their last known address [post and mail requirement]. If you make any mistakes iln the procedure the whole process is invalid. You must also know if there are any rent control rules that govern the situation.
Also, find out why they are not paying; if ther is a good reason and they have been good tenants up until now, consider if you want to go through the gamble of finding a better tenant. There are companies who will prepare and serve the papers for you.
It seems that this might be your first experience with a non-rent paying teant. Landlord-tenant rules can be very complicated. You need to read several books on how to handle the general tasks.