“On a three-day notice to pay rent or quit, is it sufficient for a property management company to name itself without designating an actual person to collect the rent demanded?” I had this question come up recently in a property management meeting about what is required in a three-day notice to pay rent or quit. The question involves property managers and organizations who have more than one person conducting property management activities. The short answer is no. You must always name an actual live person to take rent on your three-day notice. Then I got this question: “Why do I have to do that?”
We need to take a look at Code of Civil Procedure Section 1161(2) since statute is the key authority on “why.” I am not going to bore you with all of CCP Section 1161(2), but the relevant part of the statute reads that you have to provide the name, telephone number, and address of the person to whom rent can be made. Even if rent can be paid in person at a physical address, you must provide the name of the person. Here is the relevant part of CCP Section 1161(2):
(CCP 1161(2))…after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days’ notice, in writing, requiring its payment, stating the amount which is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment…
The simple fix in this case is to designate an individual of your organization to be named on the notice and then state the name of the organization, the address of the organization, and the telephone number.
Example: Rob Wells, Law Office of Robert M. Wells, 1768 Tuolumne Street, Vallejo, CA 94589 (707) 653-5187
This will ensure that your notice is legally sufficient since you have named an actual live person on the notice as well as the organization you are working for.
Here is the last question that I know is burning in your mind: “Does the actual person have to be there the whole time from 9 AM to 5 PM, or whatever I stated on the notice, and can someone else from my organization accept rent?” The designated person on the notice does not have to be on guard from 9 AM to 5 PM during the three-day notice period. That is why the code says usual day and hours. Also, rent can be delivered to other people on behalf of the designated person if he or she is not available. Your office should be on notice when a three-day notice has been issued and when a three-day notice will expire so all the staff knows when to accept rent and when not to accept rent. Your staff should also be aware of the amounts due and demanded on the three-day notice so they will know if they are accepting all the past due rent or a partial payment. They also should know certain rules such as a landlord’s right to reject a partial payment.
