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Video instructions and help with filling out and completing 60 day notice to vacate los angeles
Instructions and Help about 60 day notice to vacate los angeles
Hello my name is clay Rennick and I've been practicing law for twenty years in California and specifically in the area of real estate law today I'm doing a video on eviction for non-payment of rent statistically nine out of ten landlord tenant lawsuits do involve non-payment of rent so I thought it would be appropriate to do this video to let people know what is the first stage of the process and evicting a tenant okay so let's begin to properly terminate a tenant for non-payment of rent you must first fill out a form called a three-day notice to pay or quit after you properly serve the tenant which I'll go over briefly be tenant then has three days to make payment if they do make payment then this notice isn't effective and you'll have to utilize other methods for terminating the tenancy if that is your desire to do so however if the tenant stays beyond the three days and fails to pay beyond the three days you may then go ahead and file an unlawful detainer and lawsuit now that three days cannot end on a Saturday or a Sunday or a holiday in those cases you must give the tenant one extra day and then you can begin your suit and the legal process then begins from there okay if the tenant offers to pay the rent after the expiration of the three day notice you do not have to accept the rent payment however if you do accept the RHIB payment you cannot continue with your eviction lawsuit prior to the victim tenant you must have done at least one thing in Civil Code section 1962 1962 point 5 states that the tenant must be advised in either a separate writing or in a written lease of the name and address of the owner or manager responsible for the collection of rent how that Rin is to be paid and who is available for service of notice if this has not been done prior to filing of the three day notice in that month then this must be complied with and you must wait another month before filing your three day notice okay so what must go into the three day notice to pay or quit obviously you must have the tenants name you must have a description of the property the street address a city the county in the state it must have a demand that the tenant pay rent and the exact amount due at that time it must have a statement that you will pursue legal action if the tenant does not pay it also must advise the tenant that the lease will be forfeited if he does not pay it must have information on to whom where and how the rent is to be paid similar to Civil Code section 1962 and 1960 two point five and it must have a signature by yourself or your manager or other.