What is a Three (3) Day Notice?
A 3-day notice is a document that landlords use to inform the tenants about their violations under the signed rental agreement. This document presents how the tenants violated the terms and conditions structured in the agreement. This can either be because of the nonpayment of monthly rent or non-compliance to regulations stated in the agreement. On the other hand, this document also contains an option on how the tenant may respond to the issue raised. The landlord provides three days for the tenant to resolve the concern raised. If tenants don’t move after all the written notice, the landlord may file a lawsuit to evict them.
How to Write a Three (3) Day Notice
A study on the eviction rate of tenants from the rental property has increased between 2000-2016, from un.org. 3.6 million eviction cases are filed, which results in 1.5 million eviction judgments annually. Eviction has been a concern in the U.S. linked with poverty reproduction and housing inequality. These data suggest that landlords and tenants must work closely with each other.
Landlords face challenges from some tenants who are not responsive in following the signed agreement. One typical example is nonpayment. The landlord must ensure that the content of the notice is explicit and easy to comprehend and contains everything that tenants have to know about the rental status. The following are some steps that may serve as a guide in creating the notice. As a landlord, you may refer to the following.
1. Check on the Existing State Laws for this Notice
Some states such as Arkansas, California, Montana, require landlords to provide a three-day notice for their tenants to respond for certain violations in renting. So, when writing this document, you have to check the existing regulations in your state first. This is necessary because this enables you to write the notice according to the laws in your state.
2. Fill-in, the Information of the Tenant
In writing proper, you fill in the first paragraph with information about the tenant, including the name, property address, the date of the original rental agreement, and the State where the residence takes place. It would help if you ascertained that all details are complete. Also, accurate.
3. Present the Violations Made by Tenant
Once you are done filling the last part with the needed information, you may now proceed with specifying the violations that the tenant made. This part comes in three probable causes. One is the nonpayment of rent. In this section, this estimates all the payment dues that the tenant failed to pay. Second, the violations. The landlord has to explain the offences committed. This violation is curable; thus, the tenant has to correct the issue over the notice period. Lastly, the notice to quit. The tenant shall be terminated immediately for unlawful acts done. The tenant has three days of information before moving out of the residence.
4. Sign Then Attach a Certificate of Service
At the bottom part of this notice, the landlord must provide space to sign. The signature certifies the validity of the statement over the period. On a separate sheet, the landlord must include a certificate acknowledging that the tenant received the notice in various ways. The ways can either be handed physically, via a representative or sent through email.
Do I need to notarize this notice?
You don’t need to notarize your 3-day notice to make it effective. A signature will be enough, accompanied by the rental agreement between you and the tenant.
Can a tenant delay the effectiveness of this notice?
In most cases, a tenant can delay the effectiveness of a notice. The simplest way to do that is to negotiate with the landlord. Some landlords approve delay for payment or delay in moving out for some valid reasons. Some do not. So, communication is a great break. Before that, the tenant has to review the content of the agreement into what specific area this covers.
Is this notice a matter of a public record?
No, it is not a public record. However, if this notice subjects for a suit, then this becomes a matter of public record.
Commitment to what has been agreed in the agreement is one of the factors that affect the landlord-tenant relationship. Failure to comply with it must correspond to particular consequences. However, the focus of this notice will depend on the situation. Ensuring that this follows the proper format and includes the needed information are ways to keep this notice active and enforceable.