{"id":31177,"date":"2008-03-26T16:35:41","date_gmt":"2008-03-26T21:35:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/uncategorized\/communicating-with-your-tenant-after-service-of-a-notice.html"},"modified":"2008-03-26T16:35:41","modified_gmt":"2008-03-26T21:35:41","slug":"communicating-with-your-tenant-after-service-of-a-notice","status":"publish","type":"corporate","link":"https:\/\/corporate.findlaw.com\/business-operations\/communicating-with-your-tenant-after-service-of-a-notice.html","title":{"rendered":"Communicating with Your Tenant after Service of a Notice"},"content":{"rendered":"
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After service of a 3-Day or 30-Day Notice, it is crucial that you keep your communications with the tenant to a minimum and that you watch carefully what you say to that tenant. In many cases, the effectiveness of your Notice can be damaged by contacting the tenant after service.

Three-Day and 30-Day Notices are emphatic documents that allow no exceptions. For example, with a 3-Day Notice, you are giving the tenant the option to pay within 3 days or move out. Nothing else. As to a 30-Day Notice, you are demanding possession with no further extensions. The court expects you to strictly follow the parameters of such notices. With this in mind, it is easy to see if you forgive or modify such a Notice, even in a small regard, you will have waived the entire Notice and must start again.<\/p>

When you are contacted by a tenant after service of the Notice, it is still a good idea to talk with that person, but you must start off with some cautionary remarks. Inform the tenant before you begin that the Notice is your final decision, and you will not consider negotiating or changing that Notice and will expect strict compliance thereof.<\/p>

A Tenant will contact you after being served with the Notice for basically 3 reasons: 1) To get you to change your mind and tear up the Notice, 2) Ask for more time to pay the rent or move out, or 3) how and where they are to perform under the Notice.<\/p>

As to (1) and (2), you should inform the tenant you are not willing to negotiate. As to (3) the tenant may only wish clarifying instructions or directions as to compliance. If they want to know who to give the keys to or where to pay the rent, you would obviously oblige.<\/p>

What if the tenant pays you part of the money within the 3-Day Notice period but not the whole amount? If this happens, you are allowed to accept partial payment but you should re-serve a 3-Day Notice for the balance owing.<\/p>

If a tenant offers to pay part of the rent at a later date, beyond the 3-Day Notice, that tenant will almost always inform the Judge in court that you agreed to this modification. Even if you remain silent, they will make this argument. It is therefore absolutely crucial that you inform the tenant that you have no desire to even consider a change. Follow up with a short written notice to eliminate any dispute.<\/p>

If your tenant offers to pay rent after you bring a lawsuit for eviction, under no circumstances should you accept the rent unless you receive legal advice. There is a way, through a Stipulated Judgment, to accept this money and not waive your eviction action. However, the Stipulation must be carefully worded.<\/p><\/div>","protected":false},"excerpt":{"rendered":"

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