3-Day Notices - Some Pitfalls
A Discussion
Every notice issued may become the basis for a legal action. One of the
most common notices is the 3-Day Pay or Vacate, used for late payment. This is one of
those actions that must be executed exactly in accordance with law and
process in your area. If you aren't sure exactly how to serve a tenant properly so that the tenant is
in compliance hire a process server. There is an entire industry that exists to serve legal notices to tenants. Process servers will charge for each post to a tenant that is made and will document in a proper fashion.
Listed below are some tips on preparing and serving your notices.
- Identify and name all adult occupants by legal full names. If the
name of a tenant(s) is not known, add et al or Jane or John Doe
- The date on the notice must be the date the notice was served.
- The address for the residence, including county, must be correct.
The Sheriff will not post the writ or oversee an eviction if the
address is not complete and correct.
- List the amounts owed by the tenant(s). Rent, late charges and
notice fees (only if they are provided for in the rental/lease
agreement).
- Damages,
deposits (pet or security), last month's rent, etc. should
not be
included on your 3-day . Generally, this notice pertains only to rent
owed. Other issues must be dealt with separately and should be served separately.
- Provide the tenant(s) with the address and hours of the owner/manager so that the tenant(s) may pay the rent due.
- Serve the notice (one copy per tenant named, including et al) in accordance with your state's laws. Different states provide
different methods to serve notices. Check with your state to confirm
exactly which methods are legal and proper for serving your notices.
Proper service is a must. Know the law in your area or hire a process server to serve the notice properly.
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