Q: What do these words mean " Notice Contains an Election of Forfeiture" , and in what situations does this come into play?
Thank You for your time and Response.
A:
Under California law, the phrase "Notice Contains an Election of Forfeiture" typically appears in the context of a landlord-tenant relationship, specifically when a tenant has failed to pay rent. This notice is a legal document served by the landlord to the tenant, indicating that the landlord has elected to forfeit the lease agreement due to the tenant's failure to pay rent.
This situation comes into play when:
1. The tenant has failed to pay rent by the due date specified in the lease agreement.
2. The landlord decides to terminate the tenancy due to the non-payment of rent.
3. The landlord serves the tenant with a "3-Day Notice to Pay Rent or Quit" that includes the "Election of Forfeiture" language.
The "Election of Forfeiture" language in the notice signifies that the landlord has chosen to terminate the tenancy if the tenant fails to pay the outstanding rent within the 3-day period. If the tenant does not pay the rent or vacate the property within the specified timeframe, the landlord can proceed with an unlawful detainer lawsuit to evict the tenant.
It's important to note that the inclusion of the "Election of Forfeiture" language in the notice is crucial for the landlord to maintain their right to evict the tenant if the rent is not paid within the 3-day period. Without this language, the notice may be deemed defective, and the landlord might be required to start the process again with a new notice.
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