Three-Day Notice To Tenant Demand For Payment Or Possession: Fill & Download for Free

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.

Deliver a written Three Day Notice to the tenant demanding payment of the outstanding rent. If the tenant is not present at the rental property, post the Three Day Notice on the front door. After the three day period has expired, file the eviction action with the clerk of the county court. Most clerk’s have an eviction packet that has blank spaces for you to fill in and file it without an attorney. Pay the clerk’s filing fees and also be prepared to pay a sheriff’s fee for service of the eviction summons.After the sheriff delivers the summons to the tenant, or posts it on the front door, the tenant will have five business days to file a response with the court and deposit the outstanding rent with the clerk of court. If the tenant has not deposited the outstanding rent, or has not filed a response after the five day period, return to the clerk’s office and file a motion for default, motion for judgment of possession and any other forms required by the clerk. You may also have to complete an affidavit of non-military service.The judge will probably enter the order and in most cases you will not actually have to go into the courtroom and see the judge. When the judge enters the judgment, you take it to the clerk and request a writ of possession. You will have to take the writ of possession to the sheriff and pay $90 for the sheriff to post the writ of possession on the front door, giving the tenant 24 hours notice of eviction. 1–2 days later, you will have to meet the sheriff’s deputy at the property and the deputy will remove the tenant if they have not moved out on their own.

I know the answer in California--so I used Google, and..."Guidelines for Florida Residential EvictionPlease note: This information and forms are applicable for residential evictions onlyChapter 83 of Florida Statutes provides the steps to follow in an eviction case. The following information is to assist you with what documents must be filed and the costs involved in a simple eviction case.The filing fee, payable to the Clerk of Court, in Manatee County is $98.00, other counties may vary. Payment may be in the form of cash or personal check with proper identification.RHOL includes the basic forms necessary for evictions for non-payment of rent. This short summary of the legal procedure is targeted toward regaining possession of your property. It does not address the payment or recovery of back rent and damages owed to you.Step One: Prepare and Serve Three-Day Notice.Before filing a Complaint to recover possession, a landlord must serve a Three-Day Notice demanding payment of rent or possession of the premises within three (3) days (excluding Saturday, Sunday, and legal holidays) after the date of delivery of notice. After the expiration time on the service of the Three-Day Notice you may proceed with filing the Complaint for Eviction. (Remember how we count the days.)Step Two: Complaint & SummonsPrepare Complaint: The landlord shall file the original Complaint and sufficient copies of the Complaint for each tenant with the Clerk. The Court must also receive a copy of the Three-Day Notice and a copy of the lease, if one exists. You must also attach a copy of the notice and lease to each copy of the Complaint. The Complaint must be signed in the presence of a deputy clerk or must be notarized by a notary public.Issuance of Summons: After the Complaint is filed and the fee paid, the Clerk will issue an Eviction Summons/Residential. A copy of the Complaint, three-day notice, and lease (if one exists) will be attached for service on the tenant. The Sheriff or a private process server can serve this Summons. The Manatee County Sheriff’s fee is $20.00 per tenant and must be in the form of cash or money order. Other Florida counties may vary. If paid by cash, you must personally deliver the Summons to the Sheriff’s Office, Civil Processing Department. Private process server fees vary and you would contact them directly.Certificate of Mailing: If the tenant cannot be reached either personally or by substitute service, the summons can be served by posting (attaching to a conspicuous part of the premises). If this occurs, the landlord must request that the Clerk mail the notice to the tenant by Certificate of Mailing.Step Three - Day in CourtAnswer by Tenant: The tenant has five days (exclusive of Saturdays, Sundays and holidays) after service of the Summons to file an answer. If an answer is filed and monies are deposited, the landlord must contact the Court to schedule a hearing.Default:If the tenant fails to answer the Summons, the landlord may file a Motion for Default by Clerk/Default and proceed with obtaining a Final Judgment for Possession and obtain a Writ of Possession These forms are included in this e-course.The Clerk is authorized to enter a Default at the end of five days after service is obtained upon the tenant. Upon the default being entered by the Clerk, the Judge will then review the file and enter the Final Judgment for Possession and direct the Clerk to issue the Writ of Possession.Furnish the Clerk with an original Final Judgment for Possession and a copy for each of the tenants and yourself. You must also furnish the Clerk with pre-addressed stamped envelopes to the tenant(s) and yourself for mailing the conformed copy of the Final Judgment. The Writ of Possession should be presented to the Clerk for issuance.Step Four: Wrapping it upAfter entry of the Judgment, the Clerk will issue a Writ of Possession to the Sheriff describing the premises and commanding him to put the landlord in possession after 24 hours’ notice conspicuously posted on the premises. The Writ must be served by the Sheriff. The fee payable to the Sheriff (Manatee County) is $70.00 by money order, check or cash. If cash, you must personally deliver the cash and the issued Writ to the Sheriff. The Clerk cannot accept cash payment for the Sheriff.Please remember that RHOL and Court Clerks are prohibited from giving specific legal advice. If you have any doubts about your ability to file an Eviction on your own behalf, you should seek legal advice from an attorney.The Clerk’s office is usually open Monday - Friday from 8:30 am until 5:00 pm. Check your phone directory for the direct phone number to the County Civil Division.The County Judge’s phone number for setting any hearings is also listed in the phone directory Ask for the Judge assigned to your case.Florida FormsYou must furnish the appropriate number of copies as stated or your case cannot be filed. Copies may be purchased from the Clerk for a fee.Three-day Notice to Tenant/Demand for Payment or Possession PDF WordOne tenant - Original and 3 copiesTwo tenants - Original and 5 copiesIf there is a written leaseOne tenant - Original and 3 copiesTwo tenants - Original and 5 copiesEviction Complaint PDF WordOne tenant - Original and 3 copiesTwo tenants - Original and 5 copiesEviction Summons- Five (5) day/ eviction only PDF WordOriginal Summons for each tenant and two copies for each tenantCertificate of Mailing PDF WordOriginal and a pre-addressed stamped envelope for each tenantMotion for Default by Clerk PDF Wordto be used if tenant does not answerOriginal only, no copies required.Motion for Default by Court PDF Wordto be used if tenant files an answer and rent money onlyOriginal Only, no copies requiredNotice of Hearing PDF WordOne tenant, 1 copyTwo tenants, 2 copiesAffidavit of Costs PDF WordOriginal only - no copies requiredFinal Judgment of Possession PDF WordOne tenant - Original and 1 copyTwo tenants - Original and 2 copiesSelf addressed stamped envelopes to Landlord and all tenantsWrit of Possession PDF WordRegardless of number of tenants -Original and 2 copies with $70.00 (Manatee County) check or money order made payable to sheriff."Or use Avvo.