California 3 Day Notice to Pay Rent or Quit – Website URL for Payment of Rent is Invalid

I often tell landlords that it is extremely important that they follow the rules precisely when creating a serving a 3 day notice to pay rent or quit in California. Landlords will often attempt to draft and serve a 3 day notice to pay rent or quit on their own, rather than having an attorney create and serve the 3 day notice to pay rent or quit. This is not recommended.

In a recent court case, Foster v. Williams, 229 Cal. App. 4th Supp. 9, 177 Cal. Rptr. 3d 371 (App. Dep’t Super. Ct. 2014) , a landlord served a 3 day notice to pay rent or quit on a non-paying tenant. The tenant had always paid the rent online, and the 3 day notice informed the tenant that she had to go to a certain website to pay the rent.

The court ruled that the 3 day notice to pay rent or quit was invalid in that the website URL on the 3 day notice to pay rent or quit by itself was not sufficient. In addition to providing the URL address, the landlord needed to also specify in the 3 day notice to pay rent or quit the words, “that payment may be made pursuant to an electronic funds transfer procedure which has been previously established.” The URL alone, without these other words, failed to satisfy the rules and thus the 3 day notice notice to pay rent or quit was invalid.

Contact the Law Office of David Piotrowski today.  Start the process of removing your bad tenant.

Read Attorney Piotrowski’s landlord book: “California Landlord Best Practices and Eviction Overview: An Easy-to-Read Guide Outlining Best Practices for California Landlords Plus a Summary of the Eviction Process.

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Just Cause Eviction in Glendale – Landlord Attorney

Evictions in Glendale require a just cause reason. Landlords cannot evict their tenant in Glendale without a just cause reason. Examples of just cause evictions in Glendale includes the following:

  1. The tenant has failed to pay the rent to which the landlord is entitled.
  2. The tenant has violated their lease or rental agreement, and has failed to comply after having been given lawful notice.
  3. The tenant is committing or permitting to exist a nuisance or is causing damage to the rental unit or to the property. A nuisance is anything that creates an unreasonable interference with the comfort, safety, or enjoyment of any of the other residents of the same or adjacent buildings.
  4. The tenant is using or permitting a rental unit to be used for any illegal purpose. This includes committing any such acts within a 1,000 feet radius of the boundary line of the property.
  5. The person in possession of the rental unit at the end of a lease term is a subtenant not approved by the landlord.
  6. The tenant has refused the landlord reasonable access to the unit for the purpose o making repairs or improvements, inspection, or for the purpose of showing the rental unit t any prospective purchaser or mortgagee.
  7. The landlord seeks in good faith to recover possession so as to demolish, or perform other work on the building or unit, if: (i) the work costs at least eight times the amount of the monthly rent times the number of rental units being worked on, and (ii) such work makes the unit uninhabitable for more than 30 days. If a landlord is converting the unit to a condominium, separate noticing regulations apply.
  8. The landlord seeks in good faith to recover possession of the rental unit for use and occupancy by: a) A resident manager (provided that no alternative vacant unit is available or the building does not have an existing resident manager). b) The landlord, or the landlord’s spouse, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, children, or parents. c) Tenants who require case management or counseling as part of the tenancy.
  9. The landlord seeks in good faith to recover possession in order to remove the rental unit permanently from rental housing use.
  10. The landlord seeks in good faith to recover possession of the rental unit in order to comply with a governmental agency’s order to vacate.
  11. The landlord seeks in good faith to recover possession of the rental unit in order to comply with a contractual agreement relating to the qualifications of tenancy.
  12. The tenant continues to smoke in the rental unit or in common areas where smoking is prohibited. (GMC 8.52.080.)

Not all Glendale properties are subject to just cause evictions in Glendale. Please contact us for help evicting your Glendale tenant.

Contact the Law Office of David Piotrowski today.  Start the process of removing your bad tenant.

Read Attorney Piotrowski’s landlord book: “California Landlord Best Practices and Eviction Overview: An Easy-to-Read Guide Outlining Best Practices for California Landlords Plus a Summary of the Eviction Process.

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David Piotrowski Yelp Reviews

The Law Office of David Piotrowski receives many 5 star reviews on Yelp! We are very proud of our performance and strive for complete client satisfaction. Here is a sampling of the Law Office of David Piotrowski’s 5 star Yelp reviews:

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Read the rest of the Yelp reviews directly on Yelp.

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Landlords: Preliminary Walk-Throughs Are Important Before a Tenant Moves In!

Landlords should always, without exception, conduct a preliminary walk-though at the rental unit, with the tenant, before the tenant moves in. The landlord should also do a similar walk through when the tenant is about to leave the rental unit.

The move in/out form will detail every item in every room of the rental unit. The landlord and tenant can check off the condition of the rooms. It is crucial for the landlord to do this, and to have the tenant sign at move in and again at move out. This will greatly protect the landlord against claims of damage and habitability defenses in the event that an eviction is necessary. It will also help the landlord when it comes time to account for the security deposit.

Landlords: Make sure you conduct a preliminary walk through with all tenants before they move in to your property!

Here’s what a typical move in/out form might look like (you should include pages for every room in the unit):

Move in out Inspection

Need help with an eviction in Los Angeles or San Francisco?  Contact the Law Office of David Piotrowski today.  Start the process of removing your bad tenant.

Read Attorney Piotrowski’s landlord book: “California Landlord Best Practices and Eviction Overview: An Easy-to-Read Guide Outlining Best Practices for California Landlords Plus a Summary of the Eviction Process.

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Landlords Duty to Deliver Possession of Rental Property to the Tenant

When a landlord agrees to rent property to a tenant to begin on a specific date, the landlord is obligated to deliver possession on that date.

In order to deliver possession of the rental unit to the tenant, the landlord needs to make the unit available. This can be done by giving the keys to the tenant. The landlord also needs to make sure there is no one currently living in the unit. The landlord must also deliver the unit to the tenant in a habitable condition.

If the landlord does not deliver possession to the tenant, the tenant might be able to abandon the tenancy and sue the landlord for damages.

Need help with an eviction in Los Angeles or San Francisco?  Contact the Law Office of David Piotrowski today.  Start the process of removing your bad tenant.

Read Attorney Piotrowski’s landlord book: “California Landlord Best Practices and Eviction Overview: An Easy-to-Read Guide Outlining Best Practices for California Landlords Plus a Summary of the Eviction Process.

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