2019 Law Update: Changes To The 3-Day Notice

Gov. Jerry Brown signs legislation making it harder to evict tenants.

A well intentioned law that just makes everything more complicated

What’s In It?

Last week the governor of California, Jerry Brown, signed Bill AB-2343 into law. This bill extends the amount of time that a tenant can stay in a rental house without actually paying the rent or fulfilling other obligations of the lease. This new law goes into effect on September 1, 2019.

This law is not a huge deal for landlords, but it makes the eviction process that much lengthier and complicated. Essentially, this law excludes holidays and weekends from the time that a tenant has to respond to a notice.

This includes the infamous 3-Day Pay Rent or Quit notice, which is the start of an eviction process. The 3-Day notice is simple, it tells the tenant that if they do not pay the past due rent within 3 days, the landlord is going to start the eviction process and remove the tenant from the home.

California’s new law also covers the 3-Day Notice to Perform Covenant (Cure) or Quit. This notice is served to a tenant when the tenant is still paying rent, but is somehow in violation of the lease. Examples of this include excessive weeds or trash in the yard, drugs on the property or adults living on the property who are not on the lease. Only If the tenant does not remedy the broken lease is the eviction process actually started.

This law’s aim is to prevent a landlord from posting a 3-day right before a 3 day weekend, and thus not giving the tenant any time to find legal representation. This is a good thing. However, it’s safe to assume that there will be several instances where this law will be abused by bad tenants who are just trying to game the system and stay in the rental for as much time as possible without paying rent.This new law goes even further and gives California tenants 5 business days to respond to an eviction lawsuit. An eviction lawsuit can only be filed after a tenant has not appropriately responded to a 3-day notice. The worst case scenario for a landlord, would be trying to file an eviction lawsuit in July.

Consider this year, when the 4th of July landed on a Wednesday. If a landlord were to file an eviction notice on Tuesday, the 4th of July would not be counted in the timeline. Thursday and Friday would, but Saturday and Sunday would not. Ultimately, this scenario would give the tenant more than a week to respond to an eviction lawsuit.

What’s the Justification?

California Assemblyman David Chiu, who sponsored this bill said, “Tenants in California are facing unprecedented hardships and constantly living under the threat of eviction.” In reality, landlords are hesitant to evict tenants for a few reasons.

First, most landlords are sympathetic and understanding of the financial problems that their tenants face. Most landlords are not racing towards eviction at the first opportunity. Secondly, evictions are very expensive and time consuming. A landlord has to actually show up to court in order to get a tenant evicted. And it usually takes at least 2 months to get a tenant out of the property.

It simply does not make financial sense to evict a good tenant.

Ultimately, excluding weekends from the 3-Day timeline will have little to no effect on the eviction process. However, this law does a great job of accomplishing one thing.

It makes the eviction process that much more complicated and time consuming for landlords.

By the way, if a landlord messes up this timeline, even by a few hours, the entire eviction lawsuit will be thrown out. This new law, which many landlords will not know about, will result in countless eviction lawsuits being canceled for this very reason. This will enable countless bad tenants to stay in a home they are not paying for.

The ever changing California law is becoming increasingly complicated. So much so that many landlords are deciding to either sell their homes or sign up with a professional property management company. If you decide to stay in the business of residential landlording, be sure you have a good working knowledge of the laws that govern the business or work with a company that does.

The easiest way to avoid dealing with 3-day notices and evictions is to make sure that a good tenant gets placed in your home in the first place. Verifying an applicant’s history and making sure they are qualified to rent your home is the most important part of property management.

It All Starts With The Right Tenant

Finding a good tenant takes time, and unfortunately, it means having to turn a lot of people down. In fact, we process hundreds of applications per month and only approve about 15% of all applicants applying for our properties.

When we screen an applicant, the first thing we do is call the applicant’s current and previous landlord. We want to make sure that the applicant has a history of paying rent on time, and that there are no complaints against the applicant.

Next, we call their employer to verify that they are employed and that their income is what they claim. After that, we look at their credit score, and make sure that the prospective tenant has a history of paying bills on time. Finally, we run a national criminal background check to screen for violent offenders.

If you would like more info on screening applicants, check out this resource.

If you are finding that renting out your property is more complicated than you thought, don’t worry! We’re here for you!

We have become experts at finding good tenants to rent out your home, and we have gotten really good at managing those tenants once they move in.

If you are finding that owning investment property is taking up too much time, give us a call or contact us. We’d love to answer any questions about how our services can simplify your life.

Meghan Miller

Accounting

Meghan is one of the newest members of our Mesa Properties Inc. Team and works in our accounting department. She studied accounting at Chaffey College. Prior to joining Mesa Properties Inc., Meghan was a bookkeeper for 6 years at a CPA firm that primarily worked with dairy farms. She enjoys working for Mesa Properties Inc. because she is able to use her accounting experience in whole new ways and also enjoys the friendly office environment that has been established here. Meghan resides in Rancho Cucamonga with her husband and two sons.

Rebecca Anthony

Administrative Assistant

Rebecca is one of our administrative assistants and is one of the warm and friendly voices you will hear when you call our office. She has a strong customer experience background from her past role with Sprint and loves assisting our owners and tenants. When she isn’t working, Rebecca loves to bake and spend time with her son and family.

Steve Shwetz

Managing Broker

Steve, the Managing Broker and Founder of Mesa Properties Inc. & Mesa Real Estate, began his real estate career buying, fixing and reselling distressed properties in Southern California. Seeing the long-term opportunity in a buy and hold strategy, Steve began acquiring residential real estate to build his own real estate rental portfolio. As a 10 year owner of an international service franchise, Steve saw an opportunity to take his experience in customer service and developing systems and processes and apply that experience to the world of property management and real estate. Prior to starting his own businesses Steve held various senior and advisory level sales positions with IBM Corp., B. Braun Medical, Insight Direct & Reach Local. Steve is a licensed real estate broker and holds a Bachelors in Business from the University of Southern California.

DRE: 01881471

Sheryl Shwetz

General Manager, Administration

Sheryl helped to establish Mesa Properties Inc. with Steve. Today, she serves as the backbone of all things administrative for the company. Sheryl oversees all the details of running a property management company including on-boarding new owners, converting applicants to tenants, and paying all vendors. After earning her B.S. in Business Administration from the University of Phoenix, Sheryl worked for a software development company running the support and training department and writing user documentation. Sheryl also gained experience at an advertising agency servicing non-profit organizations where she drafted vendor instructions for merging customer data with various fundraising campaigns. Sheryl has 3 sons and home-schooled them through various stages of their K-8 education. Each one is now thriving in adulthood.

Sam Shwetz

Business Development Manager

Sam is the Business Development Manager at Mesa Properties Inc. focusing on engaging both new and existing owners of residential and commercial properties.  Sam is a U.S. Navy veteran having served in the Nuclear Field on the USS Ronald Reagan aircraft carrier.

After his military service , Sam worked for a lighting control company as a field service engineer on various projects including extensive work on Apple’s new corporate headquarters in Cupertino California.

Sam and his wife Sydney are homeowners in Ontario, CA where they live with their golden retriever.

DRE: 02069937

Verenice Guardado Alvarado

Lead Office Administrator

Verenice is the office administrator to our Mesa Properties Inc. Team. She is also licensed and manages properties in the high desert. She earned her Associate’s Degree in Business Administration from San Joaquin Valley College and used her skills working in customer service. Previously, Verenice worked 4 years with Target where she trained sales associates and developed strong communication and teamwork skills. Through her position at Mesa Properties Inc., Verenice strives to find the right tenant for each owner and the right home for each tenant.

DRE: 02036438

Mark Parmenter

Property Manager

Prior to joining Mesa Properties Inc., Mark worked in the construction industry as a member of the carpenters union. He holds an Associates degree in Business, he is a licensed agent, certified in property management and enjoys the unique challenges of property management. Mark is a homeowner himself and experienced with on site multi-unit management. He understands the delicate balance of working with tenants as a landlord, owner and neighbor.

DRE: 01981906

Joshua Long

Property Manager

Joshua is a property manager to the Mesa Properties Inc. team. With a background in sales, Joshua gained the strong communication skills necessary to be an effective problem solver when handling any situation he is faced with. Growing up, Joshua watched his mother work as an apartment manager for over 20 years. Now, as a property manager, Joshua focuses on addressing the needs of both renters and homeowners. He is a focused hard-worker who ambitiously seeks to become better in his position and to gain more knowledge at whatever task is at hand. Joshua is an Upland area native and is a licensed real estate agent. He currently holds 2 Associate’s Degrees and is working towards gaining his Bachelor’s Degree in Business Administration from CSUSB.

DRE: 01998522

Bridget O'Gorman

Assistant Property Manager

Bridget is now a property manager to the Mesa Properties Inc. team. She currently resides in Victorville with her daughter. In 2014, Bridget obtained her Associate’s Degree in Business Administration from San Joaquin Valley College with a 4.0 GPA. Prior to working for Mesa Properties Inc., she has held various customer service jobs, where she gained better understanding of how to handle different situations and how to work with each person on an individual level. In addition, Bridget worked as a safety manager and recruiting assistant for a transportation company, giving her experience in processing applications and completing safety inspections. Bridget enjoys working for a company where she is able to assist others and to work in a changing environment, which is always giving her a chance for a new experience.

DRE: 02040663

Julia Morrison

Property Manager

Julia is a property manager to the Mesa Properties Inc. Team! Julia currently holds an Associates degree in Criminal Justice. She is currently enrolled at CSUSB with plans of going to law school after. Having worked 4 years in a customer service field, Julia has gained much experience in working with difficult situations and learned how to be a team leader. Prior to working in customer service, Julia worked for an HOA, where she gained computer & phone skills and learned how to handle an overflowing stack of paperwork! She enjoys working with people and assisting them in finding a home that they love. Julia became a homeowner in 2016 and currently resides in Upland with her fiance.

DRE: 02040250

Autumn Janda

Tenant Screening

Autumn gained her real estate license in 2011, but has been in the property management field since 2005. She obtained her Bachelor’s degree in Business Administration from CSUSB in 2009. Prior to joining Mesa Properties Inc., Autumn gained much of her experience being an assistant property manager for commercial properties for six years! She also spent five years working in a company that worked with commercial, industrial, and apartment properties. Autumn enjoys working for Mesa Properties Inc. because she gets to work with new tasks everyday and likes meeting new people. She is currently a homeowner in Arizona, where she resides with her husband and daughter.

DRE: 01765918

Donna Pulver

Receptionist

Donna is the receptionist to our Mesa Properties Inc. Team since November of 2016! Her tasks include answering calls, scheduling showing appointments, processing adverse action letters, assisting with applications, and assisting customers in the front desk. Having worked over 25 years for a real estate appraisal company located in Covina, Donna has gained much experience in providing great customer service. Donna currently lives in Victorville.

Carmen Franco

Administrative Assistant

Carmen is one of the newest members to the Mesa Properties Inc. Team! Her tasks include showing available rental properties, assisting with phone calls, and completing inspections. Carmen graduated from University Preparatory High School in 2011. She has earned her certificate in Business Administration from San Joaquin Valley College with a 4.0 GPA. Getting to know the team at Mesa Properties Inc., Carmen has been inspired to pursue a career in property management. She is eager to learn more about property management and prides herself in bringing a positive and caring attitude to everyone and everything she does. Carmen resides in Apple Valley with her husband and 2 children.

Amairani Palacios

Transaction Coordinator

Amairani is the transaction coordinator to the Mesa Properties Inc. Team! Her main role is coordinating real estate transactions for the real estate agents. Her other tasks include assisting the property managers with inspections, calls, and emails. Having been a member in the AFJROTC program for Victor Valley High School for 3 years, Amairani has gained experience in coordinating tasks and working with other team members as a Team Leader. Amairani has completed the needed real estate courses and is working on obtaining her real estate license.

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Michael Melendez

Real Estate Agent

Mike has been practicing real estate in Southern California since 2006. His family and friends have always been involved in home loans, new construction, and rehabilitation projects, deepening his knowledge of all aspects of the industry. As a Realtor, Mike’s service’s consist of helping buyers and sellers obtain property that best suits their interests. Finding his clients great deals, maximizing their proceeds and finding them the right home is what he does best. Mike understands that real estate is one of the biggest purchases and sales that can be made, and choosing the right agent is an important decision. He has both the experience and technology to help his clients meet their goals.

DRE: 01781635

Sonya Dod

Real Estate Agent

Sonya Dod has been a licensed real estate agent since 1989, Sonya is an agent who facilitates successful transactions for buyers as well as sellers, boasting a solid reputation for making deals with honesty and integrity. Since Sonya was raised on a Texas farm, she isn’t afraid of hard work and long hours. After her parents moved to California 40 years ago, they started buying investment properties. So she grew familiar and comfortable with the process of finding, fixing up and selling properties at an early age. Having served as an underwriter, processor and loan officer, Sonya has the knowledge and experience necessary to help sellers and buyers avoid wasting time opening meaningless transactions. What’s more, sellers are protected by her expertise as she requires buyers to provide written permission to speak directly to lenders. This unique approach fosters quickly closed deals and eliminates false representation.

DRE: 01055445

Raymond Palacios

Administrative Assistant

Raymond is an administrative assistant to the Mesa Properties Inc. Team! His tasks include performing inspections, showing properties, serving documents, and assisting with phone calls. Raymond holds a Bachelors in Business Management from California State University of San Bernardino. Having worked 4 years at a customer service field, Raymond has gained much experience in assisting and providing great quality customer service. Prior to working in customer service, Raymond volunteered and worked 6 years for a food distribution center where he gained the experience in efficiently coordinating important tasks within a company.