When drafting notices, many property managers only include the primary leaseholder’s name, followed by “et al.” to refer to other tenants. Unfortunately, this practice is insufficient under California law and can undermine the validity of the notice.
The Result of Using “et al.”
When serving a notice using “et al.,” any tenants who are not named can claim “there was no formal demand made of them specifically” and that “they were not put on notice of their obligation to pay the rent owed or vacate the apartment.”
Legally Enforceable
For a pay or quit notice to be legally enforceable, every tenant on the lease must be individually named.
If a tenant is not explicitly listed, they can argue that they were not notified of their obligation to pay rent or vacate the premises.
Proper Notices Must:
- List All Tenants by Name: Every tenant on the lease must be explicitly and individually listed in the notice. Using “et al.” is not enough.
Technical Errors
Notices are highly technical.
If a notice is contested, any procedural, timeline, or process-based errors (whether by mistake or through omission) will likely result in the court dismissing the case, at a minimum.
We understand this may feel like an extra and unnecessary administrative step. It’s easy to feel justified (and neglect or ignore technical nuances) when you think the other party (tenant) is at fault for not honoring their legal obligations. However, you will quickly find yourself on the wrong side of the court should you serve a notice without the proper content.
If you have questions or concerns about your notice content or procedures, please contact us before moving forward. Taking the extra few minutes to comply with or confirm the notice requirements can save your business thousands of dollars in legal fees, lost rent, or delayed evictions.
We appreciate your attention to this matter.
Mehigan Law is Here to Help
At Mehigan Law, we’re dedicated to guiding you through these changes. Please don’t hesitate to contact us if you have questions or need assistance updating your forms and procedures.
You can also find other information on our MehiganLaw.com blog by visiting our Eviction Law Blog.
Sincerely,
The Mehigan Law Team
