Get a Notice | California Courts (2024)

1. Figure out what the Notice says

There are different types of Notices with different deadlines

Some Notices give you a deadline to pay or fix a problem. If you don't,you must move out by the deadline. These are called Notices to “pay or quit” or “perform covenants or quit.”The word “quit” means move out of the home.

Other Noticesonly give you a deadline to move out, like a 30-day Notice to Quit.

How to figure out your deadline

Each Notice starts with a number of days, like 15-day or 30-day. The number of days is the deadline. You start counting the day after you get the Notice.

For the Notices that ask you to pay or fix a problem or move out, you do not count weekends or court holidaysin the deadline.

Examples of different types of Notices

Do something Or Move out
- 3-day Notice to Perform Covenants or Quit means you must do something, like remove apet from the house if the lease says "no pets," or move out within 3 days.
Move out by a deadline
See Also
Landlords in California Should NOT Accept Rent After the 3 Day Notice Expires! Civil Code 1945.
- 3-day Notice to Quit means your landlordthinks you did something very serious to violate the lease and you must move out within 3 days.
- 30-day or 60-day Notice to Quit means your landlord is ending your lease and you must move out by the deadline.

There are a few times when the landlordmay nothave to givenotice. For example:

If youhavea fixed-term lease(a lease for an exact amount of time,like 1 year), the lease is up, and your landlord doesn't extend it, your landlord may be ableto start an eviction case without giving notice first.
If you givenotice to end your leaseand then don't move out.
If youworkfor the landlordandliveon their property as part of your job.

Go to a list types of Notices

2. Check if the Notice follows the law

The Notice has to be delivered the right way
The Notice has all the required information

If the landlord doesn't follow these rules, the court may decide the eviction is invalid.

Get legal help if you have questions about what the Notice says, what it means, or if you think there's something wrong with the Notice. Resources for legal and housing help

3. Decide what to do

If you agree

You can do what the Notice says by the deadline. If you do, your landlord shouldn't start an eviction court case.

If you partly agree or disagree

Talk to your landlord before the deadline. If there's time, you can ask them to talk about the problem with a mediator - a person specially trained to help people agree. If you don't reach an agreement by the deadline, your landlord can start an eviction case in court.

If you do nothing

Your landlord might start an eviction case in court. If you lose, a sheriff can make you leave the home. And, the fact you were evicted can be on your credit record for 7 years.

Learn more about the pros and cons of each option

There are advantages and disadvantages of each of these options depending on your personal situation.Get legal helpif you have questions about what the Notice says, what it means, or if you think there's something wrong with the Notice.

1. Understanding Types of Notices:

Notices to "Pay or Quit" or "Perform Covenants or Quit":
- These Notices entail a deadline to either rectify a problem, such as removing a pet violating the lease, or make a payment. Failure to comply requires the tenant to move out by the specified deadline.
Notices to Quit (e.g., 30-Day Notice to Quit):
- These Notices mandate the tenant to vacate the premises by a certain deadline. No opportunity is provided to rectify; it's a directive to move out within the stated timeframe.

2. Calculating Deadlines:

Number of Days:
- The Notice indicates a specific number of days, such as 15-day or 30-day. This period is the deadline for compliance or eviction.
- For Notices involving payment or problem resolution, weekends and court holidays are typically excluded in the deadline calculation.

3. Examples of Notices:

3-Day Notice to Perform Covenants or Quit:
- Requires action within three days, such as rectifying lease violations.
3-Day Notice to Quit:
- Implies a severe violation, necessitating moving out within three days.
30-Day or 60-Day Notice to Quit:
- Serves as a termination notice, requiring the tenant to move out by the specified deadline.

4. Exceptions to Notice Requirement:

The article mentions instances where a landlord may not be obligated to give notice, such as the end of a fixed-term lease, tenant's failure to vacate after giving notice, or when the tenant is also an employee living on the landlord's property.

5. Checking Legality of the Notice:

The Notice must be delivered correctly and contain all required information.
Non-compliance by the landlord with these rules could render the eviction invalid.

6. Deciding What to Do:

Agreeing:
- Complying with the Notice by the deadline may prevent the initiation of an eviction court case.
Partly Agreeing or Disagreeing:
- Discussion with the landlord, and mediation if time allows, can be pursued. Failure to reach an agreement may lead to an eviction court case.
Doing Nothing:
- Non-compliance may result in the landlord initiating an eviction case, potentially leading to forced eviction and adverse effects on credit history.

7. Pros and Cons of Each Option:

Each response to the Notice carries its own set of advantages and disadvantages, contingent on the individual's circ*mstances.

8. Legal Assistance:

Emphasizes seeking legal help if there are uncertainties about the Notice, its implications, or if one believes there are issues with the Notice.

9. Resources for Legal and Housing Help:

Acknowledges the availability of resources for individuals requiring legal or housing assistance.

In conclusion, the article provides a comprehensive guide for tenants facing eviction notices, covering legal aspects, practical considerations, and the importance of seeking professional advice when needed. If you have any specific questions or need further clarification on any of these points, feel free to ask.