Landlord Eviction Questions

Vista, CA. The most important aspect of any eviction matter is the dreaded Three Day Notice. It is often referred to as the life blood of any eviction case. One missing or incorrect piece of information may cause a case to be lost for the plaintiff.

First, when deciding to evict any tenant, make sure that you have the proof to back up your reason. There are several free legal organizations that can volunteer to help the tenant and they know what to look for. Suppose you have a tenant who has failed to pay rent. Make sure you have some payment history that shows they have not paid. TIP: If the tenant has emailed you or sent a text message, save it! Those statements may help you if they initially claimed they could not afford to pay, but at trial claim they withheld rents due to the condition of the property.

Second, make sure the information on the Three Day Notice is consistent with the Lease. That means, you will have to look at your lease to make sure you have the names spelled correctly, the address where they can make a payment is correct, etc. TIP: Inconsistent information between the lease and the Three Day Notice can cause confusion.

Third, make sure you have all the required information on the Three Day Notice. Cases have been lost where the address to pay was incorrect, or the name of the person who can receive payment is missing. Be sure to include a phone number as well as the hours you can receive payment.

Lastly, serve the Three Day Notice in the proper manner. You should first attempt to hand it to the renter. If they are not home and you do not know where they work, then you can post it on the door and mail it. TIP: Certified mail is the best way to mail it. Renters frequently claim they did not receive the mail. A certified letter will show the court that you did, in fact, mail it. Ironically, it is not required that they actually receive it - only that you mailed it. Process Servers will sometimes take a picture of the notice they posted and the certified envelope they mail with.

If you have any questions or would like a free consult, Iron Law is always available! www.Iron-Law.com