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Old 03-06-2008, 09:35 PM
 
Location: Thousand Oaks, CA
75 posts, read 413,863 times
Reputation: 80
Cool 3 Day Notice to Pay or Quit

Hi,

What is the process after the 3 Day Notice to Pay or Quit in California? Say we post Wednesday. I supposedTuesday at 12:00AM is when they are technically supposed to be out. What is the exact process to get the tenant out?

Thanks!
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Old 03-07-2008, 04:22 AM
 
Location: Everett, Wa
601 posts, read 1,236,846 times
Reputation: 665
once the 3 days have passed take 2 copies each of the notice and lease
to the clerk of the court. Fill out their paperwork, pay their fee. Get a copy
of landlord tenant laws while you are there. It will explain the rest.
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Old 03-07-2008, 02:47 PM
 
Location: Mountain Ranch, CA The heart of Calaveras County
6,031 posts, read 10,944,567 times
Reputation: 4725
You have to file an unlawful detainer action in superior court to get them out after the 3 day notice. You really should consult an attorney at that point.
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Old 03-07-2008, 03:16 PM
 
339 posts, read 895,634 times
Reputation: 236
Quote:
Originally Posted by Shikaka805 View Post
What is the process after the 3 Day Notice to Pay or Quit in California? Say we post Wednesday. I supposedTuesday at 12:00AM is when they are technically supposed to be out.
When you serve a 3 Day Notice it does NOT mean that at the end of the 3 days the tenant has to be out. You serve the notice and at the end of the designated time, if the tenants have not paid what is due then the landlord can legally move forward with the formal eviction process.

The purpose of the Notice is not to make the tenant leave at the end of the designated time, it is to demand payment and warn the tenant that without full payment in the designated time the landlord is about the take action (i.e., start eviction) and depending how the Notice is written it may stipulate that the tenant will be responsible for court costs.
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Old 03-07-2008, 08:23 PM
 
Location: In an alternate universe according to some, AKA Aspergers
10,489 posts, read 11,290,437 times
Reputation: 4797
and then your 6 months to a year to get them out begins..... The joy of being a landlord.....
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Old 12-20-2008, 01:37 PM
 
14 posts, read 127,954 times
Reputation: 25
I received a 3 day notice to quit - I e mailed back her that I am doing everything possible to be out of here before the 15th of the next month. when rent will be due again. notice was posted on the 19th - do I have enough time to be moved out by the 2nd or 3rd of teh month? without getting evicted by a sherriff ?
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Old 12-20-2008, 04:10 PM
 
Location: In an alternate universe according to some, AKA Aspergers
10,489 posts, read 11,290,437 times
Reputation: 4797
Quote:
Originally Posted by mroldtown View Post
I received a 3 day notice to quit - I e mailed back her that I am doing everything possible to be out of here before the 15th of the next month. when rent will be due again. notice was posted on the 19th - do I have enough time to be moved out by the 2nd or 3rd of teh month? without getting evicted by a sherriff ?
I'd say most likely yes. There is a whole bunch of court stuff that needs to be done (depending on where you live) before a sheriff will come out. I'd look up your local legal aid and ask them what you should do.
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Old 01-04-2009, 09:51 PM
 
1 posts, read 100,355 times
Reputation: 14
I served my tenants a 3 day pay or quiet notice on a saturday is it still legal and count, or do I have to serve them on a business day?? Saturday was the 3rd of the month, just realized I served on the weekend am I safe??
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Old 01-05-2009, 06:26 AM
 
Location: In an alternate universe according to some, AKA Aspergers
10,489 posts, read 11,290,437 times
Reputation: 4797
Quote:
Originally Posted by JARVEY View Post
I served my tenants a 3 day pay or quiet notice on a saturday is it still legal and count, or do I have to serve them on a business day?? Saturday was the 3rd of the month, just realized I served on the weekend am I safe??
The three days begin the next day after proper service of the 3-day notice to the tenant. If the third day falls on a Saturday, Sunday, or legal holiday, then the notice is extended to the following business day.

This is in general, check with your local officials to be sure.
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Old 10-19-2009, 10:23 PM
 
1 posts, read 90,617 times
Reputation: 21
after a three day notice snd the person moves out can they still be evicted ?
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