The Unlawful Detainer Process
The Notice
Residential tenants have a nonwaivable right to legally-required three-day notice to terminate their tenancy pursuant to CCP § 1161. Any provision in the rental agreement to the contrary is unenforceable.
Service of a three-day notice declaring a forfeiture and the tenant's failure to timely pay the rent due or cure the breach terminates the tenant's right of possession, and thus the lease, but does not itself relieve the breaching tenant of the unexpired lease obligations. Nor does service of the notice itself restore the landlord to actual possession. Though the tenant's right of possession is terminated by the tenant's noncompliance with the notice (above), possession is restored only when the notice is acted upon by one of the parties—by the tenant's quitting or vacating, or by the landlord's prevailing in an unlawful detainer.
Ideally, three-day nonpayment of rent notices (and other three-day money demand notices) should be written, signed and served by the landlord (the creditor owed the money). But, it should be prepared by your attorney. If you fail to follow the statutory guideline your three day notice will be ineffective!
The Complaint
There many nuanced rules in the eviction process. You must have an attorney that can quickly and properly get you through the process. Don’t attempt do it it on your own or hire a document preparer. Call the Law Office of Harold D. Thompson at (619) 615-0767 for all your landlord tenant needs.
Residential tenants have a nonwaivable right to legally-required three-day notice to terminate their tenancy pursuant to CCP § 1161. Any provision in the rental agreement to the contrary is unenforceable.
Service of a three-day notice declaring a forfeiture and the tenant's failure to timely pay the rent due or cure the breach terminates the tenant's right of possession, and thus the lease, but does not itself relieve the breaching tenant of the unexpired lease obligations. Nor does service of the notice itself restore the landlord to actual possession. Though the tenant's right of possession is terminated by the tenant's noncompliance with the notice (above), possession is restored only when the notice is acted upon by one of the parties—by the tenant's quitting or vacating, or by the landlord's prevailing in an unlawful detainer.
Ideally, three-day nonpayment of rent notices (and other three-day money demand notices) should be written, signed and served by the landlord (the creditor owed the money). But, it should be prepared by your attorney. If you fail to follow the statutory guideline your three day notice will be ineffective!
The Complaint
There many nuanced rules in the eviction process. You must have an attorney that can quickly and properly get you through the process. Don’t attempt do it it on your own or hire a document preparer. Call the Law Office of Harold D. Thompson at (619) 615-0767 for all your landlord tenant needs.