When The Rent Is Unpaid, Act Immediately!
By: GARY LINK, Attorney at Law
Although the legal process of evicting a tenant in California for non-payment of rent is among the most streamlined of legal proceedings, the beginning of that process is often delayed by the hesitancy of the landlord in serving a “Three Day Notice to Pay Rent or Quit” upon the tenant.
When a tenant has not paid the rent when due, landlords are confronted with a difficult decision as to whether a “Three Day Notice to Pay Rent or Quit” should be served immediately or at a later, more suitable or convenient date. For instance, landlords are justifiably concerned that serving the notice immediately may alienate the tenant or otherwise create unwanted and unwarranted disputes about the tenancy; whereas, waiting to serve the notice until later may allow the problem to dissipate or just “go away” by the tenant voluntarily paying at a later time.
Although it is a troublesome decision to make, I recommend that the “Three Day Notice to Pay Rent or Quit” be served upon the tenant right away! There are few reasons for delay.