Eviction Law in California
In order for a Landlord to begin the eviction process, California law requires all persons residing in the property to be served with a Notice. If preparation or service of the notice is done incorrectly or not at all and the tenant raises it as a defense, the Court will dismiss the Landlord's complaint due to a procedural defect and the tenant will prevail at Court.
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TYPES OF NOTICES
30, 60 or 90-day notice
A landlord who wants to terminate (end) a month-to-month tenancy can do so by properly serving a written 30, 60 or 90-day notice on the tenant. Generally, a 30 or 60 day notice doesn't have to state the landlord's reason for ending the tenancy.
3-day Notices
A landlord can use a written 3-day notice (eviction notice) if the tenant has done any of the following:
- Failed to pay the rent.
- Violated any provision of the lease or rental agreement.
- Materially damaged the rental property ("committed waste").
- Substantially interfered with other tenants ("committed a nuisance").
- Used the rental property for an unlawful purpose, such as selling illegal drugs.
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