Considering the vital importance of the 3-day notice to the eviction case that follows, the answer is not as simple as it seems. This article will address the issue of whether the landlord should write and serve the 3-day notice himself or have a lawyer and his process server take care of it.
The third “C” is Consequences. By that I mean, what are the consequences to the landlord of serving a 3-day notice that is defective in content or incorrectly served. The answer 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.
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It is not uncommon in a foreclosure action that the lawyer/client pays $150.00 to a process server to serve the property owner. Serve fifteen to twenty a week, work from home, and you can see how a process server who has a good list of clients can have a net annual income equal to the lawyer.
This is the most important step to follow before you file your case! So many times I have received papers to be served to Mr. John Doe and the address was about four years old.
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First, a brief explanation of what a 3-Day Notice to Pay Rent or Quit is. In jurisdictions such as California that use the 3-day notice, the notice is the first step in the eviction process based upon the tenant’s failure to pay rent. The notice 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.
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