California 3 Day Notice, 3 Day Notice Form

 

California 3 Day Notice

The California 3 Day Notice is the form that landlords use in California when they want to evict a tenant because the tenant is doing something that they are not supposed to be doing under the rental agreement.

For example, a California 3 day notice might be used if the tenant stops paying rent. Another reason why a California 3 day notice will be used is if the tenant is violation a term of the rental agreement (such as smoking when the lease prohibits smoking). Yet another reason why a California 3 day notice might be used is if the tenant is damaging the property or causing a nuisance.

It’s very important to realize that even though a California 3 day notice is used to begin the termination of tenancy process in each of the above scenarios, there is a different type of California 3 day notice to be used in each scenario, which means the landlord must make sure to use the correct type of 3 day notice form depending on the circumstances of the case.

For example:

  1. California 3 Day Notice under CCP 1161(2) used for a 3 day pay or quit. This is used when the tenant is not paying rent.
  2. California 3 Day Notice under CCP 1161(3) for a 3 day cure or quit. Use this version of the California 3 day notice when the tenant is violating a term of the agreement, such as smoking.
  3. California 3 Day Notice under CCP 1161(4) for a 3 day notice to quite California form. This California 3 day notice form is used if the tenant is a nuisance.
3 day notice form

California 3 Day Notice

3 Day Notice Form

It is crucial that the 3 day notice form be filled out correctly.   An incorrect 3 day notice form could invalidate your entire eviction, costing you more time and money because you would have to start the process over from the beginning, starting with a new 3 day notice form. Whether you decide to create and serve your own 3 day notice form or if you decide to hire an attorney to prepare the 3 day notice form for you, make sure it is done correctly.

Need Help with a California 3 Day Notice?

The Law Office of David Piotrowski can assist landlords with unlawful detainer eviction cases. We work hard to make your case proceed as quickly as possible. The first step is to create and serve the California 3 day notice on the tenant. We will create the notice for you with all the correct legal language on it, and then our process server will serve the 3 day notice on your tenant. Get started today.

Be sure to check out our reviews! We look forward to serving you. We offer a free consultation on most cases.

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Free California Landlord Forms and Free Eviction Notice

 

This law office offers several free California landlord forms, including a free eviction notice, available for use by California landlords. Some forms require a minimal payment, while other forms are completely free and available for immediate download. Get your free eviction notice pdf documents by clicking on the links below. For a full list of free California landlord forms that we offer, click here.

Here are some of the free California landlord forms available for your immediate use:

  • 24 Hour Notice to Inspect/Make Repairs [pdf] – A landlord may enter a property in case of emergency, to show the property to new tenants or purchasers, to make repairs, to supply necessary services, to inspect a waterbed, when the tenant has abandoned or surrendered the property, by court order, or by mutual agreement.  Free California landlord form.
  • Landlord/Tenant Checklist [pdf] – This form should be filled out at move-in and move-out, to be used to assist in determining the condition of the premises and for security deposit purposes. Free California landlord form.
  • Security Deposit Itemization at End of Lease [pdf] – At the end of the lease, landlords are required to provide a security deposit itemization, along with a refund of any security deposit, if any, within 21 days. Free California landlord form.
  • Landlord Initial Inspection Notice at End of Lease [pdf] – Landlords are required to notify the tenant of their right to request an initial inspection of the property before the tenant vacates.  This notice provides the requisite language to the tenant. Free California landlord form.
  • Eviction Flow Chart [jpg] – A visual representation of the California evictions process. Free California landlord form.

The following California landlord forms are not free but are available for a small fee by contacting us:

In addition to the above free California landlord forms, this law office offers many more forms as well.

The Law Office of David Piotrowski can assist landlords with unlawful detainer eviction cases. We work hard to make your case proceed as quickly as possible.

Be sure to check out our reviews! We look forward to serving you. We offer a free consultation on most cases.

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Landlord Unbundled Legal Services

 

The “unbundling” of legal services is all the rage these days. Rather than having an attorney represent a client throughout the entire case from start to finish, some landlords prefer a more “do-it-yourself” approach, while utilizing the services of an attorney in a more limited scope.

While the Law Office of David Piotrowski provides full-service representation of landlords on unlawful detainer eviction cases, the firm also offers limited scope representation arrangements on cases when the landlord wants to do most of the work.

Some examples of unbundled services include the following:

  • The landlord wants an attorney to review a lease document and provide suggestions and recommendations
  • The landlord wants the attorney to draft court documents but prefers to represent himself or herself
  • The landlord wants the attorney to draft a 3 day notice to pay or quit, but the landlord wants to serve the notice on the tenant

More information on our landlord unbundled legal services, along with pricing, can be found here: Landlord Unbundled Legal Services for California.

The Law Office of David Piotrowski can assist landlords with unlawful detainer eviction cases. We work hard to make your case proceed as quickly as possible.

Be sure to check out our reviews! We look forward to serving you. We offer a free consultation on most cases.

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Unlawful Detainer Cases Get Priority in California Courts – CCP 1179a

 

CCP 1179a (aka California Code of Civil Procedure section 1179a) gives priority to eviction cases (formally known as a court case called an “Unlawful Detainer”) because of the importance of allowing property owners to regain possession of their property in a summary fashion.

CCP 1179a reads:

In all proceedings brought to recover the possession of real property pursuant to the provisions of this chapter all courts, wherein such actions are or may hereafter be pending, shall give such actions precedence over all other civil actions therein, except actions to which special precedence is given by law, in the matter of the setting the same for hearing or trial, and in hearing the same, to the end that all such actions shall be quickly heard and determined.

Because unlawful detainer cases receive priority under CCP 1179a, the time to take certain steps are much more abbreviated compared to other non-priority cases. For example, the time to respond to a summons/complaint in a non-priority case is 30 days, while the time to respond to an unlawful detainer case is only 5 days if the tenant is served personally. Additionally, unlawful detainer cases are limited in nature to possession of the property and related issues such as past-due rent. Other disputes would need to be raised in a separate lawsuit and would not receive priority.

Because of the summary nature of unlawful detainer eviction cases under CCP 1179a, the courts are supposed to schedule a trial in an unlawful detainer case not more than 20 days after the request for trial setting is filed (CCP 1170.5(a)). In reality, though, especially in many Los Angeles county courts, the court will schedule a trial for longer than 20 days after the trial settling request is submitted due to backlogs. (For example, just recently, it took the Lancaster court over 30 days for the trial date from the time the trial request was submitted.)

The Law Office of David Piotrowski can assist landlords with unlawful detainer eviction cases. We work hard to make your case proceed as quickly as possible.

Be sure to check out our reviews! We look forward to serving you. We offer a free consultation on most cases.

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California Bed Bug Addendum to Rental Agreement (AB 551, CC 1954.603)

 

Bed bug addendum, Civil Code 1954.603AB 551 changed California law and imposed additional requirements on landlords to disclose more information on bed bugs when renting property to tenants. The new laws become effective on July 1, 2017 for new tenants, and will become effective on January 1, 2018 for existing tenants.

While the new law requires more than just providing the tenant with a bed bug notice, this blog post is limited to the bed bug notice only as required under the new California Civil Code 1954.603.

For new tenants, the landlord must make the disclosures required by Civil Code 1954.603 beginning on July 1, 2017. For existing tenants, landlords must make the disclosure by January 1, 2018.

Here’s what the new Civil Code 1954.603 says:

1954.603.

On and after July 1, 2017, prior to creating a new tenancy for a dwelling unit, a landlord shall provide a written notice to the prospective tenant as provided in this section. This notice shall be provided to all other tenants by January 1, 2018. The notice shall be in at least 10-point type and shall include, but is not limited to, the following:

(a) General information about bed bug identification, behavior and biology, the importance of cooperation for prevention and treatment, and the importance of and for prompt written reporting of suspected infestations to the landlord. The information shall be in substantially the following form:

Information about Bed Bugs

Bed bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about 1/4 of an inch in length. Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies are about 1/16of an inch in length. They have almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden.

Life Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days. Bed bugs can survive for months without feeding

Bed bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten. A person’s reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be noticed until many days after a person was bitten, if at all

Common signs and symptoms of a possible bed bug infestation:

  •  Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls.
  • Molted bed bug skins, white, sticky eggs, or empty eggshells.
  • Very heavily infested areas may have a characteristically sweet odor.
  • Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them.

For more information, see the Internet Web sites of the United States Environmental Protection Agency and the National Pest Management Association.

(b) The procedure to report suspected infestations to the landlord.

The California Residential Lease provided by our firm has the bed bug language incorporated into it already. We also have a bed bug addendum available for purchase for $50. Contact us to order.

The Law Office of David Piotrowski can assist landlords with drafting rental agreements. We also represent landlords with eviction cases in California.

Be sure to check out our reviews! We look forward to serving you. We offer a free consultation on most cases.

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