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.
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For the time being I’m not going to cover this step in extreme detail because there are so many different ways this can be done. I chose to use the FTP client FileZilla to complete this task which is free. If any of you would like me to add additional information on this step of the process please let me know and I’ll add it to this article.
Find a local forensic investigation services and convince them to give you a half-day ride along to gain firsthand experience. I can not express how valuable it is to see service completed up close and personal as opposed to hearing about it. Take notes and listen to what the server says to the defendant or residents of homes during the attempt. Ask questions about times to serve, how to handle the paperwork, what to say to attorneys and what an attorney expects of you. Take a trip with them to the courthouse to view the courthouse services in action also.
Get your technology in order. Setup an email account to correspond with attorneys. Utilize a phone that views email. Setup a basic website that broadcasts your rates and services. Find templates and examples of affidavits of returns and due diligence. Attorneys want you to be able to provide these at a moments notice, so have them saved on your computer. If you’re not going to utilize a database software, keep your records in an organized file cabinet or a document on a computer in case you need to produce invoices or copies of affidavits.
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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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