Eviction Notices

“Unlawful detainer is a unique body of law and its procedures are entirely separate from the procedures pertaining to civil actions generally … An unlawful detainer action is a statutory proceeding and is governed solely by the provisions of the statute creating it. As special proceedings are created and authorized by statute … the statutory procedure must be strictly followed.”

What is an Eviction Notice?

An eviction notice is essentially a letter to the tenant requesting that they comply with the lease or rental agreement or vacate the property. It is also the first step in the eviction process. While there are certain situations in which written notice is not required, these are limited, and most importantly the notice served must comply with California laws. Other than in very limited situations, before you can start the eviction process, you, as the landlord or property manager, must first give the tenant written notice that complies with California law. If the tenant fails to comply with the notice within the applicable time frame, you can file an unlawful detainer case in court at its expiration.

Sometimes figuring out what type of notice is needed can be difficult. Discussing this with an eviction attorney is crucial to ensure you are using the right notice and that you are filling it out correctly. Better yet, having your attorney prepare the notice for you on his letterhead is certain to get the attention of the tenant, and often results in compliance. Many eviction cases are lost based on defective notices. The cost to have our office look at these or prepare them for you is nominal compared to the lost rents

Common Types of Eviction Notices:

One of the most common forms a Landlord serves is based on non-payment of rent which would be a 3 Day to Pay or Quit, which gives the tenant the option to pay the rent within the three days they are served with the notice, or vacate the property. If the tenant fails to do either pay or vacate then the Landlord has the option on the fourth day, as long as the third day does not land on a Holiday or weekend, to initiate legal proceedings with the court.

Three-Day Notice to Cure Breach or Quit: This notice (also known as a perform covenant or quit notice) is used when you have a violation of the lease other than non-payment of rent. For example, the tenant may have unauthorized pets in the premises, is creating disturbances, or has sublet to another person without your consent.

Three-Day Notice to Quit: This notice is used when dealing with a tenant at-will, holdover tenant from an expired term lease, or holdover prior owner occupant following foreclosure.

Thirty-Day or Sixty-Day Notice: This letter is usually a 30 Day Notice to Vacate (if the tenant has been residing in the property for under a year and not in a term lease but a month to month tenancy) or a 60 Day Notice to Vacate (if the tenant has been residing in the property for over a year and not in a term lease but a month to month tenancy). You do not have to give a specific reason to terminate the tenancy, but must give the appropriate time for them to vacate depending on how long they have lived at the property.

LIST OF NOTICES COMMONLY PREPARED BY OUR OFFICE:

Residential:

• Thirty Day Notice of Termination of Tenancy (Cal. Civ. Code § 1946)
• Thirty Day Notice of Termination of Tenancy at Will (Cal. Civ. Code § 789)
• Sixty Day Notice of Termination of Tenancy (Cal. Civ. Code § 1946.1)
• Three Day Notice to Pay Rent or Quit (Code Civ. Proc. § 1161(2))
• Three Day Notice to Perform Covenants or Quit (Code Civ. Proc. § 1161(3))
• Three Day Notice to Quit for Maintaining or Committing a Nuisance (Code Civ. Proc. § 1161(4))
• Three Day Notice to Quit for Waste (Code Civ. Proc. § 1161(4))
• Three Day Notice to Quit for Illegal Subletting (Code Civ. Proc. § 1161(4))
• Five Day Notice to Quit for Forcible Entry or Forcible Detainer (Code Civ. Proc. § 1159(1)&(2)and § 1160(1)&(2))
• Notice of Non-Renewal of Lease (Courtesy)

Residential (Section 8, Low Income Housing Tax Credit, USDA-financed Rural Rental Housing):

• Three Day Notice to Quit for Nuisance Constituting Good Cause (Low Income Housing Tax Credit)
• Three Day Notice to Quit for Material Failure to Carry out Obligations under State Law, Alcohol Abuse, Drug Related or Criminal Activity that Threatens Health, Safety, Welfare Constituting Good Cause (Section 8)
• Thirty Day Notice to Quit for Other Good Cause (Section 8)
• Ninety Day Notice of Termination of Section 8 Tenancy (Cal. Civ. Code § )

Commercial:

• Three Day Notice to Pay Estimated Rent or Quit (Code Civ. Proc. § 1161.1)
• Thirty Day Notice to Perform Covenants or Quit
• Thirty Day Notice of Termination of Month to Month Tenancy (Cal. Civ. Code § 1946)
• Notice of Abandonment of Commercial Real Property Annoyance (Cal. Civ. Code § )
• Notice of Right to Reclaim Abandoned Personal Property with Right to Reclaim Personal Property (Cal. Civ. Code § )
• Notice of Option to Extend Term of Lease

Mobile Home:

• Three Day Notice to Pay Rent or Quit and Sixty Day Notice to Vacate (Cal. Civ. Code § 798.57)
• Seven Day Notice to Comply with Park Rules and Regulations or Quit and Sixty Day Notice of Termination of Tenancy (Cal. Civ. Code § 798.57)
• Sixty Day Notice for Substantial Annoyance (Cal. Civ. Code § 798.57)
• Annual Notice To Mobile Home Owners (Cal. Civ. Code § 798.15(i))
• Notice of Abandoned Mobile Home (Cal. Civ. Code § 798.57)
• Disclosure of Park Amenities (Cal. Civ. Code § 798.57)

Post-Foreclosure:

• Notice to Renters – Cover Sheet (Code Civ. Proc. § 1161c)
• Notice to Quit after Foreclosure (Code Civ. Proc. § 1161a-b)
• Notice of Change in Ownership (Cal. Civ. Code § 1962)

Miscellaneous:

• Notice of Change in Terms in Tenancy (Cal. Civ. Code § 827)
• Notice to Enter Dwelling Unit (Cal. Civ. Code. § 1954)
• Notice of Non-Renewal of Lease (Courtesy Notice)
• Notice to Enter Dwelling Unit aka 24 Hour Notice (Cal. Civ. Code. § 1954),
• Notice to Enter for Inspection at Termination of Tenancy (Code Civ. Proc. 1950.5)
• Notice of Belief of Abandonment of Residential Real Property (Cal. Civ. Code § 1951.3)
• Notice of Right to Reclaim Abandoned Property (Cal. Civ. Code § 1983)