Sample Eviction Notice

Many new landlords (or those who have just been blessed with good tenants!) do not know the first thing about eviction notices for the State of California. When the time comes for a tenant to actually be evicted, they are caught off guard and often do not have the proper tools to evict a tenant within a mannerly amount of time. With a computer and a few minutes any landlord in the State of California can find a sample eviction notice online and learn more about the eviction process. You can learn today about things like collecting past due rent, evicting a tenant for breaking a rule in the landlord/tenant agreement, or even how long you must wait before telling a tenant to vacate the premises.

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Remember your notice must include:

If the landlord gives the tenant a three-day notice because the tenant hasn't paid the rent, the notice must accurately state the amount of rent that is due. In addition, the notice must state:

  • The name, address and telephone number of the person to whom the rent must be paid.
  • If payment may be made in person, the usual days and hours that the person is available to receive the rent payment. If the address does not accept personal deliveries, then you can mail the rent to the owner at the name and address stated in the three-day notice. If you can show proof that you mailed the rent to the stated name and address (for example, a receipt for certified mail), the law assumes that the owner receives the rent payment on the date of postmark.
  • Instead, the notice may state the name, street address and account number of the financial institution where the rent payment may be made (if the institution is within five miles of the unit). If an electronic fund transfer procedure was previously established for paying rent, payment may be made using that procedure.

If the three-day notice is based on one of the other four conditions listed above, the notice must either describe the tenant's violation of the lease or rental agreement, or describe the tenant's other improper conduct. The three-day notice must be properly served on the tenant.

Depending on the type of violation, the three-day notice demands either

  • (1) that the tenant corrects the violation or leave the rental unit, or
  • (2) that the tenant leave the rental unit.

If the violation involves something that the tenant can correct (for example, the tenant hasn't paid the rent, or the tenant has a pet but the lease doesn't permit pets), the notice must give the tenant the option to correct the violation.

Failing to pay the rent, and most violations of the terms of a lease or rental agreement, can be corrected. In these situations, the three-day notice must give the tenant the option to correct the violation. However, the other three conditions listed above cannot be corrected, and the three-day notice can simply order the tenant to leave at the end of the three days.

If you pay the rent that is due or correct a correctable violation of the lease or rental agreement during the three-day notice period, the tenancy continues. If you attempt to pay all the past-due rent demanded after the three-day period expires, the landlord can either file a lawsuit to evict you or accept the rent payment. If the landlord accepts the rent, the landlord waives (gives up) the right to evict you based on late payment of rent.

 


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