Eviction Starts with Proper Documentation

When a tenant cannot or will not pay their rent, owes a lot of rent to the landlord, or breaks with the lease agreement, a landlord is legally entitled to regain their rental property and move to vacate the unit. We can call this the eviction process.

It’s important for tenants to understand and abide by the terms in the lease agreement to prevent disputes and potential legal actions, including evicting tenants. It’s critical to remember that both landlord/management and tenants are bound by the obligations and responsibilities to each other.

The lease agreement must be enforceable while owner/management must practice in a fair, equal, and consistent way in order to prevent fair housing complaints or lawsuits. On the other hand, tenants must comply with enforceable responsibilities to maintain their tenancy at the premises.

Non Payment is The Top Reason for Eviction

The majority of evictions are the result of non-payment of rent. For instance, if rent is not paid by the 5th of the month, owner/management may proceed to issue a 3 Day Notice to Pay or Quit notice to the tenant. This notice must contain:

• The names of head of household and names of all adult household members and all other occupants residing at or claiming a possessory interest in a specific address;
• Correct address includes unit number;
• The amount of due and unpaid rent for the premises; do not include any late fees, non-sufficient fund fees, or outstanding security deposits;
• A statement informing that if tenant fails to pay the rent or to deliver up possession of the premises by the date set forth in the notice, landlord will institute legal proceedings to recover possession of said premises from tenant;
• A section informing tenant to whom, where, when, and how the rent is to be made;
• Landlord or agent’s signature and the date of notice issuance;

The owner/agent may serve a copy of the notice to each adult named on the notice. After serving the notice, the owner/agent must fill out the Proof of Service form indicating when, who, and how the notice was served.

3 Day Notice to Pay Rent or Quit

Generally speaking, there are three delivery methods of service for a 3 Day Notice to Pay Rent or Quit notice:

1.  Personal Service

• The person served must be 18 years old or above;
• If the person refuses to accept the notice, it’s acceptable to leave it on the floor;

2.  Substituted Service on Another Person

• If the person is absent from his or her residence or his or her business place, it’s acceptable to leave the notice to another person who is 18 years old or above;
• Mail a copy of notice to the person at the unit address;

3.  Posting and Mailing

• Made an attempt to personally serve the person before posting and mailing the notice;
• Post the original notice at the person’s unit door;
• Mail a copy of notice to the person at the unit address;

Landlord 3 Day Notice to Perform Covenant or Quit

While most unlawful detainer lawsuits attributed to non-payment of rent, landlord may also issue 3-Day Notice to Perform Covenant or Quit and eventually take legal actions if tenant repeatedly or materially violates lease agreement and/or house rules.

However, before proceeding to eviction, it is recommended that owner/management starts by documenting incidents or conversations and issuing a verbal warning. If the violation continues, owner/management should send a lease violation notice which include:

• A description of the lease or house rules violation
• A statement of the lease provision of rule;
• A statement of the date management previously spoke with the tenant regarding the same type of violation;
• A final warning that if the violation continues, management may take legal action which could result in eviction.

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