Eviction Notices
Post date: Jul 13, 2016 6:14:34 AM
Sometimes, during the course of tenancy, your residents violate the terms of their agreement. If the situation is severe enough, your only recourse is to serve them with an eviction notice. There are instances where you need them to comply immediately, such as for non-payment of rent or to deal with unauthorized pets or unauthorized occupants. These situation call for a 3 Day Notice.
There are three different types of 3 Day Notices. Here are the different notices:
3-Day Notice to Pay Rent or Quit
3-Day Notice to Perform Covenants or Quit
3-Day Notice to Quit
Landlords can use this notice when the tenant is behind on the rent.
The notice must:
Be in writing;
Say the full name of the tenant or tenants;
Say the address of the rental property;
Say exactly how much rent the tenant owes* (the notice can not go back more than 1 year, even if the tenant owes back rent for a longer time, and cannot include any amount other than back rent);
Have the dates the overdue rent is for;
Say that this rent must be paid in full within 3 days of receiving this notice or the tenant must move out;
Say the days and times the tenant can pay the rent he or she owes, and the address he or she can pay it at; and
If the tenant can pay the back rent by mail, give the address the tenant should send the money to.
* The notice must NOT include other money the tenant owes, like late fees, interest, utilities, or damages.
Landlords can use this kind of notice if the tenant is violating terms of the lease or rental agreement and the problem can be fixed. For example, if the tenant has moved in a pet without permission, or is not keeping the unit clean, or is violating some other term of the agreement, the notice must ask the tenant to correct the violation within 3 days or move out.
The notice must:
Be in writing;
Say the full name of the tenant or tenants;
Say the address of the rental property;
Say what the tenant did to violate the lease or rental agreement; and
Say the tenant has the chance to fix the problem or move out in 3 days.
This kind of notice is used if there have been ongoing problems with the 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;
Commits waste (damage) that lowers the value of the property significantly; or
Moves in other tenants (subtenants) without the landlord's permission.
The notice must:
Be in writing;
Say the full name of the tenant or tenants;
Have the address of the rental property;
Say everything that the tenant did to break the lease or deserve a 3-day notice to leave, and include details and dates; and
Say clearly that the tenant has to move out as soon as the 3 days are up.
In addition to 3 Day Notices asking for resident cooperation (except 3 Day to Quit, which should only be served with legal representation), a landlord my terminate tenancy at the end of a periodic term or if they are month to month - assuming the property is not under any for of rent control or just cause eviction ordinance. See below for the proper form based on length of tenancy:
30-Day or 60-Day Notice to Quit
90-Day Notice to Quit
A landlord can use a 30 day-notice to end a month-to-month tenancy if the tenant has been renting for less than a year. A landlord should use a 60-day notice if the tenant has been renting for 1 year or more and the landlord wants the tenant to move out.
The notice must:
Be in writing;
Say the full name of the tenant or tenants;
Have the address of the rental property; and
Say that the month-to-month tenancy will end in 30 days if the landlord is giving a 30-day notice or in 60 days if he or she is giving a 60-day notice.
In rent-controlled cities, a landlord cannot cancel a month-to-month tenancy for just any reason. The landlord must find out if the unit is in a rent-controlled city, and if so, whether the landlord has the right to evict the tenant.
A landlord must use this kind of notice if the tenant is in subsidized housing (Section 8). The landlord must explain why he or she is asking the tenant to move out, and the landlord must have good reasons ("just cause") to ask the tenant to leave.
Just a reminder, you may not be able to serve a 30 or 60 Day Notice to Quit to residents living in properties under Rent Control or some Other Measures Short of Rent Control. Click on the appropriate link to see if your city falls under any of the those jurisdictions.
If you do find yourself in a situation where some sort of eviction is imminent, I highly suggest speaking with a competent attorney to make sure all the documents have been filled and served correctly. Even the most experienced landlords can need assistance with some residents who know how to work the system.
In some cases, a landlord can give a tenant more than 1 notice at the same time. For example, if the tenant is always late with the rent, a landlord can serve a "3-Day Notice to Pay Rent or Quit" and a "30-Day Notice to Quit" at the same time. If the tenant does not pay the rent within 3 days of receiving the 3-day notice, the landlord can file an unlawful detainer case after the 3-day period ends. Even if the tenant pays the rent within the 3-day period, he or she must still move out in 30 days. If the tenant does not move out after the 30 days, then the landlord has to file an unlawful detainer case.
Information about the forms can be found on California Courts website.