Three 3 Day Notice To Perform Or Quit: Fill & Download for Free

We don’t; in fact we usually couldn’t do that even if we wanted to, as most states require us to serve a notice to vacate before we can even proceed with a formal eviction.That notice you receive directly from the landlord is not an eviction notice. Depending on where you live it might be called something like a notice to “cure or quit”, or just to “quit”, and this is the landlord telling you what you must do to avoid having a legal case filed against you. A notice to vacate is the same as a notice to quit, and this one means that you must move out (plus empty and clean the space and return the keys) within a certain number of days, usually three or five, or you will be formally evicted. A notice to “cure or quit” gives you the additional option to pay what you owe – or fix whatever problem has led to the notice – within those days, to avoid being evicted.Some landlords do actually ask tenants to move, before they even issue their own written notices, but there’s a very good reason why a lot of us don’t. If we’ve reached a point where we’d even contemplate eviction, it means we need to get rid of those people. We could ask, but we’ll have absolutely no way of knowing whether the tenant is actually going to be gone by whatever time they agreed to. If they comply, all is well, but if they don’t, we’re right back where we started. If my tenant hadn’t paid rent on April 1st (under normal non-pandemic circumstances), I could serve them with a five day notice to vacate anytime after midnight on the 2nd. If they didn’t leave by the 6th, I could then file them paperwork with the court to have them evicted. It varies by state and municipality, but in my case they’d be served with the actual eviction notice on the following business day and given a court date within a week or so – though this can take up to two months elsewhere. Typically those tenants would be physically removed by the marshals before the 20th, and unless I eventually get paid for those days through a lawsuit, I’ll have lost 2/3 of a month’s rent.If instead I had simply asked my tenants to leave within five days, their promise to do so would be meaningless in the eyes of the law. Once I determined that they had broken their promise, I’d have to start from scratch by delivering that written notice to vacate and give them an additional five days to comply. That would mean missing out on an additional five days rent, which would be hundreds of dollars in my cheapest unit. Since my goal is to have the evicted tenants removed by the twentieth so I’ll have ten days to clean, paint, and perform repairs in order to move in someone else on the 1st, those five extra days could potentially turn into an extra 25 days, since my leases start on the 1st or 15th. Even if you think these are minor issues, remember that all it takes for a landlord to avoid wasting this time is to serve a written notice immediately.Whether you’re asking about the actual filing in court or the landlord’s own notice, the answer is the same: We don’t ask because a simple verbal agreement isn’t binding in this case, which makes it way too easy for scammers to extend the time they’ll get to live for free or continue trashing a place.

This answer is based on California law.You should fill out and serve the “Three-Day Notice to Pay Rent or Quit” (vacate) form, carefully following instructions from a reputable website, such as Nolo Press (Legal Encyclopedia, Legal Forms, Books, & Software) or your local Court website. If the payment demanded hasn’t been received by the deadline, file an unlawful detainer action to get possession of the premises, back rent up to the day the 3-day Notice expired, and monetary damages for any occupancy after that. You probably shouldn’t attempt to do this without an attorney, unless you are up to the challenge of learning a new and complicated procedure of this nature.Given that the first step in the process is serving the 3-Day Notice, at which point you probably won’t have yet hired an attorney, it’s important to get it, well, exactly right. Make sure you check out the details online. In particular, your calculation of the rent owed must not exceed the correct amount, even by a penny. Otherwise, the entire case could be thrown out at trial, costing you precious time. If there are significant maintenance issues with the unit, you would be well advised to look into them before filing the action. Some judges are inclined to give the tenant a bit of leeway if there are legitimate habitability issues.Hunker down. All this will take time. It wouldn’t be all that unusual for it to take at least a couple of months to get them out. The sheriff who is assigned to your local court will perform the eviction; don’t try any funny stuff yourself. If you do, the Court will take offense and punish you severely. The municipal police don’t participate in the eviction unless it’s connected to another criminal matter.Once the unit has officially been returned to you, then you may re-tenant it and try to collect on your judgment against the tenant. When the Sheriff performs the lockout, they will set an appointment; do NOT under any circumstances miss this date and time. If you do, they will have to re-schedule. You or your authorized representative must be present during the lockout, and you should be prepared to change the locks at that time, unless the tenant needs a little time to retrieve his furniture. However, if you have any doubts as to his dependability, it’s probably best to change the locks and then have the tenant make an appointment with you to provide access when he’s ready to remove his belongings.If the tenant is running into troubles in moving his furniture and/or belongings, you can bring to his attention inexpensive moving services, including storage facilities that will leave a “pod” at the premises to be loaded up, then hitched up and taken to the facility. If it’s cheap enough, you might even offer to pay one month’s rent, but make sure the rental is in the tenant’s name.If the tenant abandons the unit while the UD is in progress, you may re-take the unit and continue with the action, which will then be limited to monetary recovery. If there is abandoned property left behind, make sure to handle it according to the applicable statutes, which may require you to give notice and/or store or even attempt to sell the items. Proceeds can technically only be applied to allowable storage charges, not rent owing. (Strange, isn’t it?) Most tenants don’t leave behind anything of significant value; if the total is less than a statutory amount, you can essentially trash it or pick what you want.You will still have to account for the security deposit, but you can apply it to any unsatisfied rent still owing, as well as cleaning and damage to the unit, as outlined in statute. Follow the refund rules carefully, as the Court is a bit touchy about that as well, particularly, the 21-day deadline for mailing the refund. If you don’t know where your tenant is, you must mail the refund, along with the required statement of deductions, to their last known address, which is often the address of the unit. If it doesn’t come back unforwardable, it could be a lead for their new whereabouts. If all of the deposit has been absorbed by allowable deductions, and there’s still a remaining balance owing, you may want to pursue collection against the tenant, perhaps using a collection agency.I should also add the following advice. In order to document any abandoned property or to justify any charges for cleaning or repair, it’s a wise policy to take photographs to support your claims. Also, at each step of the way, you should have reliable information to consult; there are many details involved that can trip you up. This Quora answer is intended to be a summary only.If it should somehow happen that the tenant pays the sum demanded in the 3-Day Notice by its deadline, your cause of action is extinguished, unless you have included in your filing another reason to evict other than the overdue rent demanded (but in that case you should have used a different notice or notices, such as Notice to Perform Covenant). If they end up legally staying on, however, you would probably want to give them a 30-Day or 60-Day Notice to Quit (according to statute), since you may not want to go through all that stress again.

Answering anonymously as I still work in the industry.I was called by our MD (managing director) and advised that I was being let go as the economy was slow. I learnt later that another employee in my department was to be fired, as my performance was better than his , however his sibling was a senior in the company and had pulled favors to have him retained and have me fired instead by manipulating the performance ratings.I was given 15 days notice in lieu of the standard 30 days but a good thing as I would be paid for the full 30 as mandated by Labor law. Being the diligent professional I continued to work in good faith at my assigned projects, on the 3rd day I was called by the MD and asked to handle the bidding/design prep process for a former client (lets call them FC) on behalf of another employee, lets call him AE who had extended his vacation for personal reasons leaving no one else capable to handle this account. AE a young MBA in matketing had inherited this very prestigious account from a previous manager but had been unable to close any deals for more than a year with this client.i diligently started the design/bid paperwork based on the clients requirements, another 10 days in just two days prior to the end of my notice period, I was told that theynwould need me to work the full days notice period since AE would need some more time before returning to work. Since I did not have another job lined up and was being paid anyway so I had no choice but to agree.Within that week I completed and submitted the bid/design documents to FC and we were shortlisted as one of the two contenders for the project , an achievement by itself as for the previous 14 months we were never shortlisted and many a time disqualified due to improper submissions under AE.On the 29th day of my notice period we won the award for this project from FC and my MD admitted knowing that he had been misled even before firing me but did so anyway, this was cruel especially since he knew I have a family to support. He spoke to me about revoking my pink slip and have me continue in my post. I agreed as I loved my work and they had treated me ok except this one incident for the most part.A week later the original employee with lower performance had been let go and AE sent in his resignation via email leaving the company shorthanded.I was called in and asked to take over almost half of their clients effectively doubling my workload, with a promise of being given a raise after a performance appraisal scheduled 3 months later. At the performance appraisal they refused to include completed projects from this account and two other accounts handed to me from these employees. I had spent countless manhours taking good care of these accounts, not having them counted towards my performance was cruel and unjust.Fortunately I was being courted by another company, a start up, to join them at a higher pay and benefits, I handed in my resignation three days after my performance appraisal, providing the stipulated 30 days notice.They could not believe I would quit and offered me a small raise not commensurate with my performance , and significantly lower than the offer I had in hand, I turned them down. They offered to match my current offer in pay verbally however I had learnt my lesson and asked that it be put in writing, they did but I could not trust them as it was a fire at will labor policy so I stood my ground and signed with the other company with a three year employment guatantee.Sorry for the lomg post