Respond To The Three-Day Notice

So you've been served with a three-day notice and you know exactly what it is from reading my last post. Now you must respond to the notice.

The tenant's easiest response is to pay the rent according the terms of the notice or to correct the lease violation. Remember that at this point the landlord can only demand the rent not paid. The notice is legally ineffective if it demands more rent than is actually due, includes late charges, unpaid utility charges, dishonored check fees, or interest. However, I understand that any tenant with integrity, and money, would have paid his rent on time. Assuming that the tenant cannot pay his rent or cannot remedy the violation, time is of the essence because after the end of the third day, the landlord no longer has to accept his tenant's money and can sue his tenant.

First, the tenant ought to determine whether he was served properly.  Service is a statutory procedure to ensure that the tenant actually receives the notices and documents that are required by law. There are three ways to serve: 1) personal service; 2) substituted service; or 3) by posting and mailing.

1. Personal service is handing the notice to the tenant, or placing it at his feet if he refuses to accept it. The three-day period starts the day after the tenant receives the notice.
2. Substituted Service is handing the notice on a person of suitable age and discretion (i.e., an adult or teenager who lives in the house) and mailing a copy of the notice to the house. The three-day period begins after both steps have been completed.
   
3. Posting and mailing is taping a copy of the notice to the front door and mailing a copy to the house. The three-day period begins after the notice was posted and mailed.
   

If the tenant was not served properly this would  be his first line of defense.