Legal Q&A
General
Can I serve a 3-Day Notice to Pay Rent or Quit myself?
You can, but don't!
In California’s highly regulated landlord-tenant legal environment, serving a 3-Day Notice to Pay Rent or Quit (“Notice”) is a crucial first step in initiating an eviction for nonpayment of rent against a tenant. Although landlords can serve the Notice themselves, using a registered process server is a prudent decision that can protect landlord rights and minimizes delays in an eviction action.
1. Process Servers (Usually) Do it Right
Proper service of the Notice is an essential prerequisite to a landlord’s right to recover possession of their property. California Code of Civil Procedure § 1162 prescribes three methods for serving a 3-Day Notice: personal service, substituted service, and posting and mailing. Each method has strict requirements and must be executed precisely. Any deviation of service can invalidate the Notice and jeopardize the eviction case. Expect tenant attorneys to challenge improper service aggressively. Registered process servers are experts in serving Notices and once done they provide proof of service documenting when, where, how and to whom the Notice was served. Such documentation is important for when service is later challenged by a tenant.
2. Process Servers Get a Powerful Presumption
Most advantageously, California Evidence Code § 647 establishes that a proof of service by a registered process server creates a presumption of proper service. In Palm Property Investments, LLC v. Yadegar, the court concluded that service of a 3-Day Notice to Pay or Quit, coupled with a proof of service by a registered process server, carries evidentiary weight. The court held that unless a tenant presents credible rebuttal evidence, the presumption stands and the landlord prevails on the challenge. (Palm Property Investments, LLC v. Yadegar, 194 Cal.App.4 th 1419 (2011).) This means that absent evidence to the contrary a Process Server’s work is presumed to be valid by the court.
3. Using a Process Server is Efficient & Safer
Improper or delayed service of the Notice can cause an eviction case to be pushed back by weeks or even months. Registered process servers can help with the efficiency of the eviction by ensuring Notices are served promptly and in compliance with legal procedures the first time. This helps the eviction process to move forward without experiencing procedural setbacks relating to the Notice. Finally serving the Notice yourself can lead to a confrontation with the Tenant that can be at the least counter-productive or at the worst dangerous –safety first.
Conclusion
While serving a 3-Day Notice yourself may appear cost-effective, the potential risks and lack of a presumption usually outweigh the costs savings, especially in California where eviction laws are tenant friendly and procedurally strict. Having an experienced Landlord attorney like us on your side is critical.
Did the requirements for 3-day Notices in California change again?
Yes, and it got harder for Landlords (again)!
In a recent and controversial California Court of Appeals decision (Eshgian v. Cepeda (Super. Ct App. Div. No. 23APLC001479 (2025)) a California court made a critical change to 3-day notices for nonpayment of rent. The court’s ruling in Eshgian emphasizes the importance of precision in drafting 3-day notices to pay rent or quit. The need to have an attorney to handle your eviction case in California is more urgent than ever.
Impact of Eshigian
In Eshgian, the court examined the validity of a 3-day notice to pay rent or quit that the landlord served. Ultimately, the court found the notice defective for several reasons. But, shockingly, the court declared a new reason to find 3-day notices deficient: the notice failed to notify the tenant of the precise deadline to pay the overdue rent. Previously, a landlord’s service of a notice on the tenant was enough to let the tenant know when the three days commenced. Now after Eshigian, a landlord must explicitly state the deadline to pay the overdue rent in the notice.
Key Takeaways
According to the court, a landlord must tell a tenant in clear and unambiguous language the deadline they have to pay the rent demanded by a notice to pay rent or quit. Absent a statement in a notice of the exact deadline to pay the rent, a landlord carries the risk of having their notice deemed defective. Here are some of the requirements the court listed that must be in the notice:
You must state the deadline for paying the rent in the notice. The notice should specify the exact deadline date by which the tenant must pay the owed rent to avoid forfeiture of the lease. Any ambiguity to the deadline can lead to a tenant’s misunderstanding of their obligation on when to pay the notice rent amount, which could result in the tenant winning.
You must inform the tenant that, for counting the number of days they have to pay the rent demanded in the notice, they should exclude Saturdays, Sundays, and judicial holidays.
You must use language that puts the tenant’s option to comply with the notice in the alternative. Merely using the words “Pay or Quit” in the title of the notice is insufficient to place a tenant on notice that they are facing imminent eviction if they fail to comply with the notice. The body of the notice must inform the tenant that they have the option to “pay” or “quit.”.
Landlords must pay close attention to ensure their 3-day notices comply with the new criteria set by Eshgian. This includes clearly stating the deadline they have to pay the rent demanded in the notice (and that Saturdays, Sundays, and judicial holidays are excluded); language stating that the lease will be forfeited; and informing the tenant to whom to pay the rent, their telephone number, and where to pay (and if a landlord allows in-person payment, the dates and times the landlord will be available to accept personal delivery of the rent).
If a court finds that a notice is defective, the case is over and the landlord must start over from the beginning with a new notice to pay rent or quit. With California’s landlord-tenant legal landscape perpetually evolving in the tenants’ favor, it is more important than ever to make sure your notices are current and compliant with these new legal requirements. Remain proactive by consulting with McLaughlin Sanchez, LLP. We represent landlords only and we are dedicated to protecting your interests.
Contact us today for a no-cost call to see how we can be of help!
Who do you represent?
McLaughlin Sanchez only represents landlords only in evictions, landlord-tenant disputes, and Rent Board arbitrations. We never represent tenants or squatters.
Which cities and counties do you serve in the Bay Area?
We serve every city and all of the Bay Area counties, including San Francisco, Alameda, Contra Costa, San Mateo, and Marin. Every lawyer at McLaughlin Sanchez knows the rent and eviction control ordinances and how to efficiently navigate them.
Do you handle commercial lease disputes or only residential?
Yes, The lawyers at McLaughlin Sanchez represent landlords and property owners in both residential and commercial eviction and landlord-tenant disputes.
Do you take rent-controlled property matters (San Francisco, Oakland, Berkeley)?
Yes, we help landlord and property owners throughout the Bay Area – even in the most challenging cities like San Francisco, Oakland and Berkeley.
What can I legally deduct from a security deposit?
A landlord may take a deduction from the security deposit for the following items: (i) unpaid rent; (ii) repair of damage to the premises this is beyond ordinary wear and tear and that is caused by the tenant or by the tenant's guests; and (iii) the cleaning of the premises upon termination of the tenancy necessary to return the unit to the same level of cleanliness it was in at the inception of the tenancy.
How soon must I return a deposit after move-out?
In California, a landlord must account for the security deposit within 21 days of the date the tenant vacates the rental unit.
What if the tenant caused property damage?
Under California law, a tenant is liable for damage above ordinary wear and tear they caused to their rental unit even if the amount of damage exceeds the amount of the security deposit.
Do you offer a consultation? How should I prepare?
Yes, McLaughlin Sanchez offers a no-cost/no-obligation call to see if we are the right attorneys for the problem and if we are a good fit for you. The best way to prepare is to make notes of everything that is going on with your tenant, including a chronology of events if a problem has been ongoing for a lengthy period of time; collect relevant documents like your lease and any texts and emails with your tenant; and to have a clear idea of what you would like to happen with the situation you are dealing with.
How quickly can you start once we decide to proceed?
Depending on the matter, we can generally get started on a client's case the same day the client hire McLaughlin Sanchez to represent them.
Do you appear in local courts across the Bay Area?
Yes, the lawyers at McLaughlin Sanchez appear in court in all Bay Area counties, including San Francisco, Alameda, San Mateo, Marin, and Contra Costa Counties.
Can you help me regain possession and collect back rent?
The lawyers at McLaughin Sanchez are experts in recovering possession of rental units.
Can you help with nuisance, illegal subletting, or short-term rental violations?
Yes, McLaughlin Sanchez can help with evictions for nuisance, illegal activities, unauthorized subletting, and short-term rental violations. The lawyers at McLaughlin Sanchez are experts in all of the types of eviction cases and moving them forward efficiently.
Do you assist with tenant harassment claims or defenses against them?
At McLaughlin Sanchez we are specialists in recovering possession of rental units. While we generally do not take on defense cases (where the tenant sues the landlord), we can guide you on submitting a tenant lawsuit to your insurance carrier for possible coverage and defense or we can refer you to other lawyers who take defense cases.
Evictions
Do I need a lawyer to evict a residential tenant?
While a landlord can file their own eviction, you really need a lawyer to successfully evict a tenant, especially in rent and eviction controlled jurisdictions like San Francisco, Oakland, and Los Angeles. In California, everything in an eviction is "strictly construed," meaning every single document in a case -- starting with the notice to pay rent -- must be 100 percent correct and comply with every requirement of both state and local law. These laws are incredibly complex and most people simply cannot navigate them. The entire system is designed to make things harder for landlords, so you need someone on your side to level the playing field. The lawyers at McLaughlin Sanchez are eviction specialists who only represent landlords. Contact us today!
Can a property owner evict a tenant in San Francisco, Oakland, and Los Angeles?
While a landlord can file their own eviction, you really need a lawyer to successfully evict a tenant, especially in rent and eviction controlled jurisdictions like San Francisco, Oakland, and Los Angeles. In California, everything in an eviction is "strictly construed," meaning every single document in a case -- starting with the notice to pay rent -- must be 100 percent correct and comply with every requirement of both state and local law. These laws are incredibly complex and most people simply cannot navigate them. The entire system is designed to make things harder for landlords, so you need someone on your side to level the playing field. The lawyers at McLaughlin Sanchez are eviction specialists who only represent landlords. Contact us today!
Why should I hire McLaughlin Sanchez to evict a tenant?
You should hire us because we know how to get it done and how to get it done efficiently. Every lawyer at McLaughlin Sanchez is an expert in landlord-tenant law, with an emphasis on eviction law. We’ve successfully helped thousands of clients recover possession of their rental units. We have won trials for our clients in front of both judges and juries. We have also successfully defended our clients against tenant claims at Rent Boards, and we have achieved outstanding results for our clients in mediations. With tough veteran litigators on your side, we provide personalized strategies to achieve the best outcome for you.
How much will an eviction cost?
Legal fees for eviction cases vary depending on the type of eviction, the city where the property is located and the complexity of your case but we always focus on speed and efficiency. At McLaughlin Sanchez, we provide clear, cost-effective strategies tailored to your case. We will continue to provide time and cost estimates throughout the case so you know exactly what to expect.
How long does an eviction case take in San Francisco?
The timeline for a San Francisco eviction case depends on several variables such as the time it takes to serve papers on the tenant, whether the tenant fights the eviction by raising certain defenses, and the court's trial setting calendar. Some cases resolve in a few weeks while others may take a few months. The lawyers at McLaughlin Sanchez know how to ensure your case moves forward as quickly as possible.
Can you assist with owner move-in (OMI) evictions?
Yes! We are experts at Owner Move-In (OMI) evictions both for owners and new buyers looking to move into their home following a purchase. This is an allowable form of eviction in both San Francisco and Oakland.
Can you help after I served a notice but the tenant won’t leave?
Yes! We can help if you have already served your tenants with an eviction notice. If the notice is correct we can proceed with the eviction action and if not, we can help with a legally correct notice. A legally correct notice is required for an eviction.
What are the rules for just cause evictions in my city?
Local ordinances lay out the just causes a landlord must prove to terminate a tenant's tenancy. Each city is a little different but essentially there are two classes of just cause: those where the tenant did something affirmatively bad (like failing to pay the rent, creating a nuisance, or violating the terms of the lease) and those where the tenant didn't do anything wrong but the landlord can still evict the tenant (like an owner move-in eviction). We are experts on all of the just causes to evict and can help you recover possession of your rental unit.
What are my obligations for habitability and repairs during a dispute?
The implied warranty of habitability requires landlords to provide safe, sanitary, and livable rental housing, ensuring essential services like working plumbing, heat, electricity, weatherproofing, and pest control. This duty cannot be waived in leases and cannot be delegated to tenants. As soon as a tenant reports a problem with an essential service in their unit, a landlord must act within a reasonable time to repair it. This applies even during a dispute.
When is a buyout better than an eviction?
A buyout is often better than an eviction for a couple of reasons. First, even if a landlord has a just cause to terminate a tenant's tenancy, a buyout allows a landlord to regain possession of their rental unit without the delays and costs of an eviction lawsuit. Second, if a landlord does not have a just cause to evict a tenant, a buyout may be the landlord's only option to regain possession of a rental unit. Finally, a buyout is a way to recover possession without creating an adversarial and sometimes hostile relationship with the tenant.
How much does it cost to hire a real estate lawyer for an eviction case?
Legal fees for eviction cases vary depending on the complexity of your situation. At McLaughlin Sanchez, we provide clear, cost-effective strategies tailored to your case. We’ll discuss fees upfront so you know exactly what to expect.
What happens if the tenant contests the eviction?
If a tenant contests an eviction, the lawyers at McLaughlin Sanchez respond to any motions the tenant may file and prepare the case for trial and possible settlement. Pre-trial activities may include discovery (the exchange of documents and answers to written questions) and attendance at mandatory settlement conferences. At each step we will keep you informed as to what is happening and why it is happening. We are experts at moving cases forward as fast and efficiently as possible.
Tenant Buyouts
What is a tenant buyout and how can McLaughlin Sanchez help?
A tenant buyout is an agreement where a landlord pays a tenant to voluntarily move out of a rental unit. In many parts of California you must provide a disclosure and file a registration before you can even talk to your tenant about voluntarily moving out. Because of this strange requirement you need legal advice from the very beginning--before you mention a buyout to your tenant for the first time. Buyout Agreements must also follow strict drafting requirements and be filed to be effective. Also, the amount of payment to the tenant is unregulated so having an experienced negotiator is critical to getting a good deal. Our lawyers only represent landlords and will handle the entire process quickly and efficiently. From the disclosure to the negotiations and to the preparation of the agreement we will work with you to ensure a smooth process. When done right Buyout Agreements are a great way to recover rental units and protect landlords from future tenant lawsuits. Contact us today!
Can you help with tenant buyouts and settlement agreements?
Yes, we help landlords negotiate every step of the buyout process, from preparing the required pre-negotiation disclosure and Rent Board filings, the negotiations and preparing the buyout agreements. We also are expert at ending existing litigation through settlement agreements that protect you and achieve your goals.
Do local laws require buyout disclosures or filings?
Yes, many local ordinances require pre-negotiation disclosures and filings with the local rent board with penalties for failing to comply. The lawyers at McLaughlin Sanchez have done hundreds of buyouts and can assist you with the required paperwork to ensure that you are in compliance with the law and to get the deal done.
What if I need to sell a tenant-occupied property?
While an owner can always sell a tenant-occupied property, there is often a price reduction (sometimes substantial) due to the occupancy. If there is no ground for eviction we can help with a buyout in order to regain possession of the unit to sell it vacant.