California Eviction Form

Types of eviction notices

An eviction notice is issued upon the termination of the landlord-tenant relationship. Basically, there are four types of eviction notices

3-Day Notice to Pay Rent or Quit

A 3-Day Notice to Pay Rent or Quit is used to give any tenant notice that they owe rent for a certain period of time and they must either pay the rent due within 3 days or vacate the property within 3 days. If the tenant does not comply with the notice, an Unlawful Detainer action will have to be filed so that the owner may regain possession of the property. If the tenant chooses to vacate the property within the three days, the owner can still file a small claims complaint against the tenant for the unpaid rent. This notice is usually served on a tenant after the rent has become late according to the rental agreement.

3-Day Notice to Perform Covenant

A 3-Day Notice to Perform Covenant is used to give tenant who is on a written rental agreement notice that they have breached their contract in some manner and that breach needs to be cured.

This notice can be used to ask for late fees as long as there is a clause in the written agreement, which can be sited.

This notice can also be used for a non-paid security deposit, an unauthorized pet, or a utility payment that is due.

As long as there is clause in the agreement, which can be cited, this notice can be used to give the tenant notice of the breach in contract and how the tenant needs to cure the breach. The tenant is supposed to comply with the notice within 3 days, or legal action may be taken.

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30-Day Notice to Terminate Tenancy

A 30-Day Notice to Terminate Tenancy is used to give a month-to-month tenant, notice that the owner wishes to regain possession of the property after the 30 days have expired. This notice is also given to tenants who can be considered "tenants at will". The tenant is given notice that he/she/they are expected to vacate the property by the expiration of the notice. The tenants are responsible for all of the rent until the expiration of the notice, even if they move out early. If the tenants do not vacate the property by the expiration of the notice, an Unlawful Detainer action will have to be filed so that the owner may regain possession of the property. The owner does not have to specify a reason for the notice on the notice or otherwise, good cause is not an issue.

90-Day Notice to Terminate Tenancy

If the tenant lives in federal or state subsidized housing, the landlord is to give the tenant 90 days' written notice of termination and is to explain the reason for ending the arrangement.