30 Day Notice is the Initial Stage of Tenant Eviction

A 30 Day Notice to Terminate Tenancy is a California Eviction Notice used to give a month-to-month tenant, who has resided in the premises for less than 1 year, notice that the owner wishes to regain possession of the property after the 30 Day Notice to Terminate Tenancy expires. The notice must be in writing; state the full names of the adult tenants; have the full address of the rental property; and state that the month-to-month tenancy will end in 30 days.

The California 30 Day Notice to Terminate Tenancy is given to a tenant on a month-to-month tenancy, or tenants who can be considered “tenants at will”. A “tenant at will” is a tenancy agreement where a tenant occupies a property with the consent of the owner, but without an agreement that specifies a definite rental period or the regular payment of rent.

The 30 Day Notice to Terminate Tenancy gives the tenants notice that 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 California 30 Day Notice to Terminate Tenancy, even if they move out before the 30 Day Notice expires.

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If the tenants do not vacate the property by the expiration of the California 30 Day Notice to Terminate Tenancy, an Unlawful Detainer action will need to be filed with the Superior Court so that the owner may regain possession of the property.

In most cases the owner does not have to specify a reason for serving the 30 Day Notice to Terminate Tenancy on the notice however, the owner may have to include a reason for serving a 30 Day Notice to Terminate Tenancy  depending upon whether the city or county where the property is located has special rules. In rent-controlled cities, an owner cannot terminate a month-to-month tenancy for just any reason. The owner must find out if the unit is in a rent-controlled city, and if so, whether he or she has the right to terminate the tenancy.

An owner can give a tenant more than 1 notice at the same time. For example, if the tenant is late with the rent, the owner can serve a 3-Day Notice to Pay Rent or Quit and a 30-Day Notice to Terminate Tenancy at the same time. If the tenant does not pay the rent before the 3-day Notice to Pay Rent or Quit expires, the landlord can file an unlawful detainer. If the tenant pays the rent within the 3-day period, they still must move out in 30 days. If the tenant does not move out after the 30 Day Notice to Terminate Tenancy expires, then the owner has to file an unlawful detainer case.

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