Types of eviction notices in California

Law

There are different types of eviction notices available in the state of California. How do you know which one is the correct one for your case?

When you own a property and decide to have a lease agreement with somebody else, you become a landlord. As a landlord, you have to establish a set of rules with the other person, known as the tenant, to occupy the place on friendly terms and also to leave it when the time comes. If the tenant fails to comply with the terms of the agreement, the landlord has the right to ask them to leave the property. For more expert tips on the eviction notice, you can visit https://expressevictions.com, the site of a law firm whose blog and Web pages have a lot of explanatory materials on the California eviction process.

This process is not pleasant. It entails some paperwork and tension that can be annoying to follow. But the legal process of eviction is, more often than not, necessary in today’s California. There are four basic types of eviction notices in California, those of 3, 30, 60 and 90 days. These have different purposes, as explained below:

  1. A three-day notice to pay rent that is due or quit

As the name indicates, the tenant has three days to pay whatever rent is due. Sometimes it is just a month of rent, and sometimes it is more. The landlord gives the tenant this type of notice, and within three days there are only two possible outcomes, either paying or leaving. If none of this happens, an unlawful detainer action will have to be filed. In some cases, when the tenant leaves the property, the landlord does not know what to do next. The landlord has the option of filing a claim to obtain the rent that is due, even after the eviction.

  1. A three-day notice to perform covenant

In this case, the landlord is not immediately asking the tenant to leave the property. This eviction notice is used when the lease agreement has been violated somehow, and the landlord is searching for a solution. The tenant has to be able to solve the issue and cure the breach of contract within three days. If he doesn’t, the landlord can continue with the eviction process.

  1. A three-day notice to quit

This is one of the hardest eviction notices in California to carry out. The landlord needs to have witnesses or documentation of the behavior that is causing the breach of contract. It will also be necessary to show other written evidence, such as communications. It is a good idea to have a record of all written communication there was, such as text messages, e-mails, bank statements, letters, and others. Gathering evidence to support the case in court, if it gets there is absolutely necessary to continue with the eviction process. Sometimes tenants just leave when they receive the notice, though.

Besides the three-day eviction notices, there are some more types that give a lengthier period of time for the tenant to leave. This period of time varies from 30 days to 90 days. The various time frames of the 30-, 60- and 90-day notices correspond to the length of tenancy agreement.

A 30-day notice

A 30-day notice one should be used with tenants that have been in the property for less than a year. Tenants pay rent on a monthly basis, and they have to continue doing so for the final month of their stay.

A 60-day notice

In the case of a 60-day notice, the tenant has been living or using the property for more than a year, and this is why they are given more time to leave the place. They still have to continue paying the rent, even if the property is vacated earlier. With this type of eviction notice, there is no need for explaining the reasons why the landlord may want to regain possession of the property.

A 90-day notice

The lengthier option to vacate the property is given to those tenants who live in a property under a Section 8 tenant-based contract. This type of eviction notice is similar to others, but it entails giving the tenant 90 effective days to leave the property. Just like other types of notices, if the tenant fails to comply and does not vacate the property, a tenant may be forced out  with an unlawful detainer action.

These are just some details about the different types of eviction notices in California. Remember always to ask an expert when in doubt. People familiar with eviction notices and the eviction process advise new landlords to hire a lawyer to make the eviction happen. If you don’t get it right the first time, you could have a non-paying tenant, one violating the lease or committing crimes on your property for a longer time.

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