Evicting Your Tenants for Non-Payment of Rent – 3 Day Notice Requirement

     Serving your tenant with a 3 Day Notice informs them that they have 3 days to pay the overdue rent they owe you, or they have to


move out. A 3-day notice can be delivered as soon as payment is due, and in most states is required before evictions proceedings can begin. If you have a lease, you should read it to determine what day of the week the rent is officially due, and to make sure the lease doesn’t specify a different length of notice before initiating an evictions proceeding (i.e. a 30 day notice).

     Calculating the three day period incorrectly on the notice or filing the case in court before the expiration of the three day time period will likely result in your landlord tenant action being dismissed. Weekends and holidays observed by state agencies should not be included when determining the 3-day time period. I.e.: a three day notice served on Tuesday, July 3 would expire on Monday, July 9, because you would not count holidays (July 4), or weekends (Saturday, and Sunday). So make sure you don’t begin your evictions proceeding before the conclusion of the three day notice period, or your evictions proceeding will be dismissed.

     You can only request rent amounts that are overdue in your 3 Day Notice. Do not include any amounts that are not “rent”, such as utilities, security deposits, late fees or other costs. If you have a lease in effect with your tenant and any of the preceding items are defined as “additional rent” in the lease, then you may include it in the amount due in the three day notice. If you demand items other than rent in your 3-day notice or rent that is not due yet (future rent), your evictions proceeding can be thrown out by the court. 

     The 3-day notice should be personally delivered to the tenant. In some states, oral notification is sufficient (i.e. it is not necessary to give your tenant written notice if you orally tell them they have to pay rent or move out within 3 days). A landlord tenant lawyer in your area such as landlord tenant lawyer long island can advise you of your state’s laws via e-mail or telephone.  

     If personal service isn’t an option, you can also mail the three day notice to your tenants.  However, please note that you usually must add 5 days each way for mail time, depending on your state’s laws.  In other words if you use the mail to deliver an eviction notice suffolk county, you have to allow 13 days before commencing an evictions proceeding (3 days + five days + 5 days). 

     There are some situations where delivering the notice via the mail is the only option or where the tenant will always be allowed to mail a response to a 3-day notice. This usually occurs when the landlord uses a P.O. Box or an out-of-town address for the tenant to mail rent to.

     If your tenants pay you the full amount due as per your 3-day notice, you must accept the money, and you can no longer bring a non-payment proceeding against your tenant to evict them. If the tenant only has part of the rent, you do not have to take it. If you take partial payment of some of the money due, then the three day notice has been partly complied with, and you can no longer oust the tenant for non-payment of rent. If you accept rent and you would still like to get rid of your tenants, instead of initiating a non-payment eviction proceeding, you can bring what’s called a holdover eviction proceeding. You should consult with a landlord tenant lawyer in your jurisdiction for more information on the requirements to bringing a holdover proceeding.

     If there are any deficiencies in your 3 Day Notice, or if you bring an incorrect type of evictions action, courts such as the landlord tenant court long island will dismiss your case. If you’re not from Suffolk County or Nassau County, consult with your county’s court for their procedure. The consequence of a dismissal is that a new and correct 3-day notice must be served, and the case has to be started again from scratch.  This would allow the tenant to remain on the premises for up to months longer than necessary. 

     Another conceivable consequence to bringing a defective eviction proceeding is that you may be held liable to your tenants for legal fees and costs associated with defending the evictions proceeding. This is why it is almost always preferred to hire a professional to handle the matter for you as quickly and expeditiously as possible. Good luck!