Landlords - 3 Day consideration to Pay Rent - Should You Do Your Own? Read This Free report

Landlord Tenant Act - Landlords - 3 Day consideration to Pay Rent - Should You Do Your Own? Read This Free report

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Should a landlord do it himself when it comes to preparation and serving a 3-Day consideration to Pay Rent or Quit?

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Landlord Tenant Act

Considering the vital significance of the 3-day consideration to the eviction case that follows, the riposte is not as straightforward as it seems. This description will address the issue of either the landlord should write and serve the 3-day consideration himself or have a lawyer and his process server take care of it.

First, a brief explanation of what a 3-Day consideration to Pay Rent or Quit is. In jurisdictions such as California that use the 3-day notice, the consideration is the first step in the eviction process based upon the tenant's failure to pay rent. The consideration is served on the tenant. The tenant then has three days to pay the rent in full. If the tenant pays the rent within the three days, the landlord must accept it, the default is cured, and the tenancy goes on. If the tenant fails to pay the rent within the three days, the tenant is in default and the landlord may file an eviction lawsuit (called an unlawful detainer in California) on day four.

After the three-day consideration period runs, the tenant is no longer permitted to pay the rent and the landlord need not accept it. The landlord may accept rent if he wants to keep the tenant but he does not have to. If the landlord accepts rent after the three day period expires, however, the landlord waives his right to say a default and cannot evict the tenant until a future non-payment of rent occurs.

When choosing either to do the 3-day consideration yourself, remember the 4 "C's": Content, Communicate, Consequences, and Cost. Concerning Content, the law mandates that inevitable facts be included in the 3-day notice. Many landlords rely upon pre-printed, form 3-day notices. The landlord then handwrites in the facts singular to that tenant and gives the consideration to the tenant. These forms are usually legally enough and experienced landlords use the forms without a problem.

Even with pre-printed forms, however, I have seen landlords make two types of mistakes. First, I have seen landlords use out-of-date forms. If you use a form that does not reflect current legal requirements, you could lose at trial and suffer the consequences described below. Thus, make sure that the form that you use is the most current version. Second, I have seen landlords fill out the form incorrectly or incompletely. If you use a form, make sure that you've filled in all of it. If you're not sure about a part of the form, don't guess. Hire a pro to take care of it and teach you how to perfect the form for future use. Don't get caught with an incorrectly filled out consideration or it could result in you losing your eviction case at trial.

The next "C" is Communicate. Specifically, the law requires that the consideration be given to the tenant in a inevitable manner. If you don't serve the consideration correctly, you could lose at trial later. The first formula of serving the consideration that the law permits is personal service. By personal service, I mean that the landlord simply hands a copy of the consideration to the tenant. If you personally serve the tenant, make a note of the date and time so that your lawyer can prepare the Proof of aid later.

The second formula for serving a 3-day consideration that most jurisdictions permit is called "substitute service". Substitute aid means that the landlord gives the consideration to someone at the premises who is over the age of 18 and then mails a copy to the tenant at the property address. Substituted aid becomes valuable when you go to your rental property to serve the consideration and the tenant isn't there but an additional one adult is, such as an adult child, spouse, friend, or parent. When that occurs, the law allows the landlord to give the consideration to the other adult and then mail a copy to the tenant.

In such a case, be sure that you mail. I've seen landlords make the mistake of giving a permissible consideration to an adult at the premises but forgetting to mail which makes the aid defective. Also, make a note of when (date and time) you substitute served the tenant, the name of the someone to whom you gave the notice, and the date that you mailed the notice.

In many jurisdictions, there is a third legally authorized formula of aid called "nail and mail" or "post and mail." Suppose you go to the property and nobody is there? How do you serve the consideration then? Easy. Post a copy of the consideration in a conspicuous place on the property (usually on the door) and mail a copy to the tenant. Make a note of when you posted and mailed and you're set.

Remember one very leading fact: You must serve a consideration on each tenant and every known adult occupant. This is also a base mistake that I've seen in my practice. A landlord will give one consideration to the tenant who answers the door but doesn't serve the two roommates. In such a case, you could lose later at trial against the two roommates since they were not served with notice.

The third "C" is Consequences. By that I mean, what are the consequences to the landlord of serving a 3-day consideration that is defective in article or incorrectly served. The riposte is that you are in trouble if the tenant contests the case and shows up at trial. If the tenant doesn't contest the case or doesn't show up at trial, i.e. You win by default judgment, then you got away with your mistake and you'll win anyway.

But that is the risk that you take if your consideration is bad, either in article or manner of service. You'll be down to banking on the tenant not answering your lawsuit or not showing up to trial. If the tenant contests the case and shows up ready for trial, either himself or straight through a lawyer, you're sunk.

So let's assume for a occasion the worse case scenario: Your consideration is no good. You're in the courtroom waiting for trial and colse to is Mr. Tenant with his lawyer ready to slice your case to ribbons. How bad will the damage be? Pretty bad. When the defect in the consideration (or how it was served) is pointed out to the court, the court will dismiss your case and tell you to start over. You read that right. You will have to start the whole process over, beginning with serving a new (and correct) consideration and then a new lawsuit, all while the tenant continues to live at your property rent free.

It gets worse. Since the court dismissed your case, the tenant, under the law of many states, would be the prevailing party in the lawsuit. Therefore, you could have to pay the tenant's litigation costs and possibly his attorney's fees as well. To put it more bluntly, get the consideration right.

The final "C" is Cost. What will it cost you to have a lawyer prepare, and a pro process server serve, the 3-day notice. The attorney's charge to prepare a 3-day consideration should run no more than between .00 and .00. I charge .00. The process server will typically charge everywhere from .00-.00 per tenant to serve the notice. Thus, if two tenants reside at your property, you're seeing at a total charge of about 0.00.

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