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3 Days to Perform or Quit California
by Daniel (CA)
on August 15, 2012 @23:26
We currently have an apartment unit that is being occupied by non authorized occupants. We- my grandmothers apartment building . I had my grandmother sign a management agreement with me and I had her authorize my actions in this matter.
The tenant gave notice that they were going to vacate a few months ago. Then the tenant changed her mind and took back the notice.
Low and behold, the original tenant has been away and claims that the person who is seen there, is just coming to check on the apartment.
My mother has been receiving blank ( no name checks ) .
Also we have been getting noise complaints by other residents in the building.
And that it seems like different people are being seen using the apartment like a hotel.
I plan on sending a 3 day notice to cure the breaches.
How does this 3-day notice look?
(3) Three day notice to perform conditions and/or covenants or quit
To: T G and/or J T and all others in possession.
Of the premises designated by the number and street as Los Angeles, California 90036
In that, the rental agreement/Lease condition(s) and/or covenants set forth below are being breached as follows:
1. Condition(s) and/or covenant(s) breached:
(A) Paragraph 2 of Lease: Only listed occupants permitted to reside in stated unit.
(B) Paragraph 6: Committed a nuisance, substantially interfered with the other tenants.
(C) Paragraph 12: no assignment and no unauthorized occupants permitted in the apartment unit.
(D) Paragraph 16 subsection 5: No other occupants permitted.
(E) Paragraph 20: Tenant must give landlord Notice of Absence of 7 (seven days or more) from apartment unit: not provided.
2. Specific facts of breach(s) and/or violation(s):
(A) Observed and reported unauthorized person(s) taking residence at the listed apartment unit. This breach can be corrected by this activity not occurring again after 3 days of this notice.
(B) Noise and odor complaints have been reported by neighboring tenants regarding the conduct of the occupants from the residence listed above. This fact validates that the occupants have not passed our screening process and are not observant to the consequences of committing a nuisance or interfering with the quiet enjoyment of an apartment unit. This breach can be corrected by this activity not occurring again after 3 days of this notice.
(C) Observed and reported unauthorized person(s) taking residence at the listed apartment unit. This breach can be corrected by this activity not occurring again after 3 days of this notice.
(D) Observed and reported unauthorized person(s) taking residence at the listed apartment unit. This breach can be corrected by this activity not occurring again after 3 days of this notice.
(E) Observed and reported unauthorized person(s) taking residence at the listed apartment unit. Observed and reported the lack of any authorized person(s) taking residence at the listed apartment unit. This breach cannot be corrected. This is a material breach of the lease agreement in which notice was required of listed occupants if they would be vacant from the listed apartment. Instead unauthorized person(s) have taken residence at the listed apartment unit; which is defined as a clear attempt to circumvent our screening process. This action terminates the residency
WITHIN THREE DAYS after the service of this Notice, you are hereby required to perform or otherwise comply with the above-mentioned condition and/or covenant or QUIT AND DELIVER UP THE POSSESSION OF THE PREMISES.
YOU ARE FURTHER NOTIFIED that the owner hereby elects to declare the forfeiture of your Rental Agreement/Lease under which you hold possession of the above-described premises. If you fail to perform or otherwise comply. Owner will institute legal proceeding to recover rent and possession of the premises which could result in a judgment against you including attorneys’ fees and court costs as allowed by law, plus owner may recover an additional punitive award of six hundred ($600) in accordance with California law for such unlawful detention.
As required by law, you are hereby notified that a negative credit report reflecting on your credit history may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
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Re: 3 Days to Perform or Quit California
by Merritt (MS)
on August 16, 2012 @00:38
[ Reply ]
Way, way, way too long. Look it up online, a CQ notice is never that long or complicated. Get yourself a shorter one, which is more to the point.
When dealing with tenants, keep it SIMPLE and SHORT. Tenants aren't the smartest to start with(otherwise they wouldn't be tenants), so to make them understand, you really have to keep it short and sweet. Good luck!
Re: 3 Days to Perform or Quit California
by A.T.SF (CA)
on August 16, 2012 @10:31
[ Reply ]
Go back and review your issues and you'll see that you need to handle this differently.
1.) Your tenant when they gave you notice of their intent to vacate, it should have been in writing, with a date of departure, and returned by you in writing, move out procedures. You could have had them out by creating a new covenant breach of agreement.
2.) Mother was receiving "no name checks"? In other words Money Orders? or bank drafts without an account holders name. That is a huge Red Flag. So whomever is living there is now a tenant by proxy, because funds were exchanged and deposited..correct?
3.) Noise Complaints, did you serve a Nuisance Complaint upon the original lease signer? and did you post one on the door?
4.) Upon indications of an "UNAUTHORIZED OCCUPANT" did you serve a Notice of Unauthorized Occupant?
5.) Does your lease has an ABSOLUTE PROHIBITION AGAINST SUBLETTING. So an Unconditional Cure must be served upon all in the unit.
You must site local SOCAL Rental Ordinances in your response to all of these. You must deliver a copy of the lease highlighted
And I agree with the others it's too wordy.
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