Eviction Notices in California

A lot of people choose to rent a house or apartment instead of buying one in California. While renting, making some mistakes is unavoidable. If these mistakes violate the terms and conditions of the rental lease, the landlord can annul the tenancy. However, before ending the tenancy, the landlord must serve the resident an eviction notice. Depending on their reason for ending the lease, the type of notice the landlord is required to serve may differ. If the landlord does not obey the rules, the eviction may not be approved.

In California eviction laws, various reasons can be stated as the reason for evicting a tenant. Such reasons include:

  • Non-payment of rent
  • Illegal use of the house
  • Property damage
  • Illegal drug manufacturing or selling
  • Violation of lease agreement terms
  • Disturbing other neighbours and residents

Based on these violations, there are different types of eviction notices in California

  • Notice to Pay Rent or leave in 3 Days
  • Notice to Perform Covenants or leave in 3 Days
  • Notice to Cure in 3 Days

California Eviction Notice for Month-to-Month residents

  • Notice to annul the tenancy within 30/60 Days

California Eviction Notice for Section 8 residents

  • Notice to annul the tenancy in 90 Days

Notice to Pay Rent or Leave in 3 Days

If the resident needs to pay some months back rent, and the landlord feels that they should either pay the rent or leave, he can send a 3-day notice to pay rent or leave California eviction notice to the resident. If the tenant does not agree with the notice, the landlord will file an Unlawful Detainer action to recover ownership of the house. If the tenant takes the option to leave the house instead of paying the due rent, then for the due rent the landlord can file a claims complaint against the resident. This Eviction Notice is only served on the resident when according to the lease contract the rent becomes due.

Notice to Make Covenants or Leave in 3 Days

Notice to Make Covenants or leave is a type of California eviction notice that doesn’t provide the resident with an option to renew the lease. The tenant only has the option to leave within three days. If the renter stays illegally even after these three days, then the landlord is allowed to file an eviction case against them in court.

Notice to Cure in 3 Days

Notice to Cure is a type of California eviction notice that provides a resident three days to correct a lease violation. If the resident doesn’t make any effort to fix the issue within three days, the landlord has the option of filing an eviction lawsuit in court against the tenant.

The landlord may use this kind of notice if you do things such as:

  • Cause or allow a nuisance on the property;
  • Use the rental unit to do something illegal;
  • Do something that threatens the health or safety of other residents;
  • Cause damage that lowers the value of the property significantly; or
  • Sublease to other residents without the permission of your landlord.

Notice to Leave in 30/60 Days

Notice to annul the tenancy in 30/60 days is a California Eviction Notice that is used to provide a monthly resident, who has lived in the house for less than one year, this notice that after 30/60 days the landlord wishes to recover back ownership of the house. Even if they move out early, it is the responsibility of the residents to pay all of the rent until the expiration of the notice to annul the tenancy in 30/60 days. If the residents do not leave the house by the end time of the notice, to recover ownership of the house the landlord has to file an Unlawful Detainer action.

Notice to Leave in 90 Days

Notice to annul the tenancy in 90 days is a California Eviction Notice that landlords serve on Section 8 resident-based tenants. The tenant who was the receiver of the contract shall be provided at least 90 days written notice of the valid date of the terminus and shall not be committed to pay more than the resident’s portion of the rent, as calculated under the contract to be annulled. If the residents do not leave the house by the end time of the notice, the landlord has to file an Unlawful Detainer action so that the landlord may recover ownership of the house.

We can say that the eviction notice is very important for both residents and landlord. It is ideal to proceed with the matter of eviction with an experienced attorney. This is a legal issue and an attorney can help assure that the eviction goes through the first time.

Paul Petersen

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