3 Day Notice in San Francisco, Oakland, Berkeley, California
A prerequisite to filing an unlawful detainer action (eviction lawsuit) is the issuance of a 3 day notice. After being served with a three day notice, many San Francisco tenants contact Bracamontes & Vlasak, P.C. and ask whether they have to move out in three days. You do not have to move simply because the landlord served you with a 3 day notice. A landlord cannot evict you unless he/she has obtained an order from the court. It is illegal for a landlord to change your locks, shut off your utilities, or use other menacing conduct to force you out of your home.
The legal effect of a 3 day notice is to put the tenant on notice that an eviction lawsuit may follow after expiration of the notice. There are different types of 3 day notices. There are 3 day notices to pay or quit; 3 day notices to cure or quit; and 3 day notices to quit.
A three day notice to pay or quit means that a tenant has 3 days to pay late rent. If the tenant does not pay by the end of the third day, the landlord can then file an unlawful detainer action (eviction lawsuit). Even if the tenant comes up with the money on the fourth or fifth day, the landlord is not obligated to accept payment and can proceed with the eviction. If you have been served with a 3 day notice to pay or quit, it is important to speak with an attorney because the condition of your unit, and whether the landlord has kept the building in good repair, may determine whether you have to pay rent. Defense to a 3 day notice is best sought from an experienced tenant attorney. To speak with an experienced tenant attorney about eviction defense in San Francisco, Oakland, or Berkeley, call Bracamontes & Vlasak, P.C. at 415-835-6777.
A 3 day notice to cure or quit is generally issued when the tenant has allegedly done something that violates the lease but can be easily corrected. For example, if a tenant places potted plants or bikes in a common area or walkway, the landlord may issue a 3 day notice to cure or quit. In other words, the tenant has three days to remove the items or face eviction. Some 3 day notices to cure or quit are pretextual and are really a means of retaliating against a tenant for exercising his/her rights.
A 3 day notice to quit is the landlord requesting that a tenant move out. Generally, an unlawful detainer action will follow shortly. In these instances, the landlord is alleging that the tenant has breached the lease in a significant manner that cannot be corrected. For example, trafficking drugs out of your apartment would be grounds for a 3 day notice to quit. However, not all 3 day notices to quit are brought for such serious reasons. In fact, many landlords in rent-controlled tenancies use bogus 3 day notices to quit to scare tenants into surrendering tenancies that are below current market rental value. As stated above, you do not need to move out simply because you have received a 3 day notice. Upon receiving a 3 day notice to quit, it is important to speak with a tenant's attorney as soon as possible.
If your landlord has posted or mailed a 3 day notice concerning your tenancy, contact us by e-mail, or call the law office of Bracamontes & Vlasak, P.C. at 415-835-6777. We can help you defend against an eviction, formulate a proper response to your particular 3 day notice, and protect your rights.
Bracamontes & Vlasak, P.C. represents clients in San Francisco and surrounding communities. We provide legal services in a number of tenants' rights matters, including the following:
- Wrongful eviction: An affirmative action against your landlord can be filed before or after an unlawful detainer. In other words, you do not have to wait for your landlord to file an eviction lawsuit to enforce your rights. You may be able to file an affirmative lawsuit against your landlord in order to secure a safer, more sanitary, and peaceful tenancy.
- Tenants' rights & warranty of habitability: These matters involve a lack of heat, hot water, electricity, operable windows, operable doors and locks, sanitary and safe common areas, and other necessities. They also include leaking ceilings, toxic mold, carbon monoxide leaks, bed bugs, rodents, plumbing issues, etc. As a matter of law, landlords must provide these basic necessities to all residential units. Failure to do so may allow the tenant to withhold rent in certain circumstances. However, you should always consult an attorney prior to withholding rent because doing so could put your tenancy at risk.
Schedule a confidential discussion of your circumstances with an experienced tenants' rights lawyer at 415-835-6777. You can also contact us by e-mail.
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Bracamontes & Vlasak, P.C.
220 Montgomery Street, Suite 870
San Francisco, CA 94104
Phone: 415-835-6777
Fax: 415-835-6780
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Bracamontes & Vlasak, P.C. serves San Francisco, San Rafael, Walnut Creek, Oakland, Berkeley, San Jose, Palo Alto and Mountain View. We also serve other communities in San Francisco County, Alameda County, Contra Costa County, Marin County, San Mateo County, Santa Clara County, Stanislaus County and San Joaquin County and San Francisco Bay, East Bay and South Bay of California.
