3-DAY NOTICE TO VACATE PREMISES BASED ON NUISANCE CCP 1161(4)

TO: VERA J. FERNANDEZ, AND ALL RESIDENTS, TENANTS, SUB-TENANTS, AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:

3513 Denker Ave., Los Angeles, CA 90018

PLEASE TAKE NOTICE that you are hereby requested to quit, and deliver up possession of the foregoing premises now held by you at the expiration of THREE (3) DAYS after service of this notice upon you. You are being served with this notice by reason of the fact that you have breached certain covenants contained in your rental agreement in that you are committing, permitting to exist, or engaging in conduct which constitutes a Nuisance as defined by California Civil Code Section 3479. This Nuisance is creating an unreasonable interference with the comfort, safety, and enjoyment of the other residents of the rental complex and/or general public.

The following incidents have been documented by the Los Angeles County Police Department, Southwest Division, as well as other residents of the complex.

Specifically, on May 14, 2006, you caused a serious disturbance, which involved a gun, whereby the police were dispatched at 1:48 am, to the above premises where you reside. On February 18, 2006, at 1:31 am, the police were also dispatched to handle a disturbance at the above premises where you reside involving a man assaulting a woman. On December 31, 2005, the police were dispatched at 1:59 am to the above premises where you reside to handle a disturbance involving a group fight. They were dispatched again that same night at 2:37 am for narcotics suspects. In addition to these specific incidents, the other residents of the complex have complained and continue to complain about the loud noise and traffic in and out of the above premises where you reside, in the middle of the night. The above-mentioned incidents and other similar incidents have jeopardized the safety and welfare of the residents of the apartment complex and have seriously interfered with their right to quiet enjoyment of the premises.

CALIFORNIA CODE OF CIVIL PROCEDURE, SECTION 1161 (4) provides in relevant part:, “ANY TENANT, SUBTENANT...CONTRARY TO THE CONDITIONS OR COVENANTS OF HIS OR HER LEASE, OR MAINTAINING, COMMITTING, OR PERMITTING THE MAINTENANCE OR COMMISSION OF A NUISANCE UPON THE DEMISED PREMISES OR USING SUCH PREMISES FOR AN UNLAWFUL PURPOSE, THEREBY TERMINATES THE LEASE, AND THE LANDLORD...SHALL UPON SERVICE OF THE THREE DAYS NOTICE TO QUIT UPON THE PERSON OR PERSONS IN POSSESSION, SHALL BE ENTITLED TO RESTITUTION OF POSSESSION OF THE DEMISED PREMISES...”

PLEASE TAKE FURTHER NOTICE that unless you vacate the premises WITHIN THREE (3) DAYS as required by this notice, that the undersigned does hereby elect to declare a forfeiture of the rental agreement and will institute legal proceedings against you to recover possession of the premises plus court costs, attorney fees, and for such further relief as the Court may deem proper.

Landlord/Agent: Kelly Y. Chang

Dated: October 6, 2018

By:

Authorized Agent

THIS NOTICE IS NOT AN EVICTION NOTICE. HOWEVER, YOUR FAILURE TO VACATE THE ABOVE REFERENCED VIOLATIONS WITHIN THE 3 DAY TIME PERIOD COULD RESULT IN AN UNLAWFUL DETAINER COURT ACTION BEING FILED AGAINST YOU. THIS MAY RESULT IN A JUDGMENT BEING ENTERED AGAINST YOU WHICH COULD IMPACT YOUR CREDIT RATING AND ABILITY TO OBTAIN RENTAL HOUSING.

This form provided courtesy of Law Offices of Kelly Chang, A Professional Law Corporation. (323) 393-5669. Use of the form by the landlord does NOT imply representation of the landlord by this firm. Copyright 2006. All Rights Reserved.