Types of Residential Eviction Notices in California

Posted about 2 years ago. Applies to California, 1 helpful vote

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1

No Fault Eviction Notice - 30 or 60 Day Notice

A landlord who wants to terminate (end) a month-to-month tenancy can do so by properly serving a written 30-day or 60-day notice on the tenant. If the tenant has resided at the property for twelve months or less, a 30-day notice is acceptable. If the tenant has resided at the property for longer than twelve months, a 60-day notice is required. Generally, a 30-day or 60-day notice doesn't have to state the landlord's reason for ending the tenancy. However, keep in mind this method usually doesn't apply in jurisdictions with rent control. Also, a landlord should be careful not to serve the notice when it could be viewed as retaliatory.

2

Three-Day Notice to Pay Rent or Quit

A landlord gives a tenant a three-day notice to pay rent or quit when the tenant hasn't paid the rent. A three day notice to pay rent or quit is quite technical. The notice must accurately state the amount of rent only that is due (excluding any interest, late fees, or other charges), among other things. Failing to pay the rent is a violation of the rental agreement that can be cured.

3

Three-Day Notice to Perform Covenant or Quit

A three-day notice to perform covenant or quit is proper where the tenant has violated a provision of the lease for something other than failure to pay rent. For example, if a tenant has a pet when the lease prohibits pets, or if the tenant is required to pay a certain utility but failed to do so, this notice is proper. The notice should state that the tenant can correct the problem and remain in the rental unit if corrected by end of the third day. If the problem is not or cannot be corrected, the tenant is required to vacate the rental until by the end of the third day.

4

Three-Day Notice to Quit

A three-day notice to quit is used where a tenant violates a term of the rental agreement that cannot be fixed. For example, this notice is proper for a tenant who causes or allows a "nuisance" on the property, uses the property to do something illegal (like sell drugs), threatens the health and safety of other tenants or the general public, or moves in other tenants (subtenants) without the landlord's permission. These types of violations of the rental agreement cannot be cured and the tenant must vacate the property by the end of the third day. This notice is also appropriate in a post-foreclosure situation where the previous owner still resides at the property.

Additional Resources

Douglas A. Wright is a partner with Wright, Ryan & Anderson, A Professional Law Corporation. Doug owns and operates www.EvictionsInc.com, an online eviction service representing property owners and managers throughout California. Contact Mr. Wright at (530) 243-7500 or visit http://www.evictionsinc.com.

EvictionsInc.com | Online Eviction Service

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