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Elements/ Prima Facie Case for a 30 or 60 Day Eviction

El Monte, CA |

What are the elements of an eviction based on a 30 day or 60 day notice to vacate?? Citations would be helpful!

Attorney Answers 2


  1. The elements of such an unlawful detainer are:

    1) that the defendant was served with a written 30 (or 60 day per Civil Code section 1946.1(b) ) by certified mail or by one of the methods described under Code of Civil Procedure section 1162) notice of intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord,

    2) but fails to deliver possession at the time specified in that written notice, without the permission of his or her landlord, or the successor in estate of the landlord,if applicable.

    See California Code of Civil Procedure §§ 1161(5) and 1166.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.


  2. In addition to what Mr. Chen advised, if the property is located in a rental control district, you also need to have "just cause" to evict. Check your jurisdiction to see if it is in rental control. Also, you must not evict for retaliatory reasons. CC 1942.5

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