Need to know How to Evict a Tenant in California? In order for a Landlord to begin the eviction process, California law requires all persons residing in the property be served with a notice. The most common types of notices are discussed below. 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 technical defect and the tenant will prevail at Court.
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Evict a Tenant in California by First Serving Notice
Serving the 3-Day Notice To Pay Rent Or Quit
This notice is used when the tenant has failed to pay the full rent due. All tenants named in the rental agreement must be listed on the notice as well as the names of all other occupants, if known. The complete property address and county must be on the notice including the apartment number of the unit if applicable. The exact amount of rent must be demanded in the notice. This amount CANNOT include any additional charges for late charges, interest or and other penalties. If any charges other than rent are included on the 3-Day Notice to Pay Rent or Quit, California case law holds that the notice is defective and the Landlords case will be dismissed. Be sure to date and sign the notice and fill out a proof of service indicating the date and method of service.
How to Evict a Tenant in California with a 30-Day Notice
The 30-day notice can only be used to terminate a month-to-month tenancy of less than one year. It cannot be used to terminate a fixed term lease agreement. Remember that the Landlord must not accept any rent payments to cover any period of time after the expiration of the notice date. If the tenant pays rent to cover a period of time after the expiration of the 30 days, you must return it immediately via certified mail to avoid a waiver of the 30-day notice.
Landlords should not to give any reason at all for the termination other than the fact that the rental agreement permits either party to terminate the tenancy with 30 days’ notice. Stating any other reason on the notice only opens the Landlord up to a retaliatory eviction or discrimination defense by the tenant.
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Evicting a Tenant with a 60-Day Notice
The 60-day notice can only be used to terminate a month-to-month tenancy of a year or more. It cannot be used to terminate a fixed term lease agreement. Remember that the Landlord must not accept any rent payments to cover any period of time after the expiration of the notice date. If the tenant pays rent to cover a period of time after the expiration of the 30 days, you must return it immediately via certified mail to avoid a waiver of the 30-day notice.
How to Evict a Tenant in California with a 90-Day Notice
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.
Please note that if the tenant wishes to terminate the tenancy, the tenant only needs to serve the landlord with a 30-Day Notice.
If you need more information on How to Evict a Tenant in California, consult the eviction experts at Express Evictions.