Types of Eviction Notices in California
A California eviction notice is issued upon the termination of the landlord-tenant relationship. Basically, there are four types of eviction notices in California
3-Day Notice to Pay Rent or Quit
A 3-Day Notice to Pay Rent or Quit California Eviction Notice 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 3-Day Eviction Notice is usually served on a tenant after the rent has become late according to the rental agreement; usually rent is due on the first and late on the fifth so the notice could be served on the sixth.
Why Do You Need a California Eviction Notice?
California Eviction Notices and Forms are critical in the eviction process because Eviction Laws in California requires all persons residing in the property in question to be served with a proper Notice of Eviction. If preparation or service of the Notice / Eviction Form 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.
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 California Eviction 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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California Eviction Notice for Month-to-Month & Section 8 Tenants
30-Day Notice to Vacate or Quit
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 days have expired. This notice is given to a tenant on a month-to-month tenancy, or 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 30-Day 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.
60-Day Notice to Vacate or Quit
A 60-Day Notice to Terminate Tenancy is an Eviction Notice in California used to give a month-to-month tenant, who has resided in the premises for more than 1 year, notice that the owner wishes to regain possession of the property after the 60 days have expired. This notice is given to a tenant on a month-to-month tenancy. 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 Vacate or Quit
A 90-Day Notice to Terminate Tenancy is used for Section 8 tenant-based contracted units in rent control and non-rent control jurisdictions. This California Eviction Notice is given to tenants who have reside under Section 8 tenant-based contracts. The tenant or tenants who were the beneficiaries of the contract or recorded agreement shall be given at least 90 days’ written notice of the effective date of the termination and shall not be obligated to pay more than the tenant’s portion of the rent, as calculated under the contract or recorded agreement to be terminated, for 90 days following receipt of the notice of termination of nonrenewal of the contract. 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.
When landlords wish to terminate a tenancy for cause (for example, because the tenant has not paid the rent, violated an important lease clause, or seriously damaged the property), they may use the quick 3-day California Eviction Notice that advises the tenant to pay the rent (or cease the violation) or move out.