There are3-day, 30-day, 60-day, or90-day Notices to Quit. The number of days in the Notice is the deadline for when you have to do what the Notice says.
Select the type of Notice you gotfor an explanation of what it means and the basic information the landlord is required to include.
A3-day Notice to Pay Rent or QuitNotice is used when the landlord thinks theirtenant is behind on rent.It’sasking the tenant to pay the back rent or move out (quit).
The Notice mustbe in writing and include:
Thetenant(s)full name(s)
Therental homeaddress
Exactly how much rent is owed
Thatall the past duerent must be paid within 3 daysor youmust move out
The name, address, and telephone number of the person to whom rent is due
If you canpay in person, the days and times you can pay the rentand the addresswhere you can payit
If you can pay by mail, the Notice must give the address where you can mail the payment
From April 1, 2022 to June 30, 2022, if the Notice is asking for rent (or other money owed under the lease or agreement, like parking fees) due October 1, 2021 to March 31, 2022, the Notice must include this statement:
NOTICE FROM THE STATE OF CALIFORNIA:
If you completed an application for government rental assistance on or before March 31, 2022, you may have protections against eviction. For information about legal resources that may be available to you, visit lawhelpca.org.
How much money is owed
This type of Notice can only include past due rent. It cannot include fees, like late fees, fees for bounced checks, or utilities.The Notice is not valid if it asks for more than what's owed.
How to figure out your deadline
- Day 1 is the 1st day after you got the Notice
- Don'tincludeSaturdays, Sundays, orcourt holidayswhen countingthe days
Your landlord may give you a 15-day Notice to Pay or Quitto demand payment of COVID-19 rental debt. COVID-19 rental debt is rent andother payments required under the rental agreement,like utilities or parking fees, that came due between March 1, 2020 toSeptember 30, 2021.
If you have COVID-19 rental debt from sometime between September 1, 2020 and September 30, 2021, your landlord must give you:
- First, a General Notice
- Then, a 15-day Notice to Pay or Quitand a blank COVID-19 Related Financial Distress Declaration
For notices served on or after April 1, 2022 to June 30, 2022, the Notice must include this statement:
NOTICE FROM THE STATE OF CALIFORNIA:
If:
(1)Before October 1, 2021, you paid your landlord at least 25 percent of any rent you missed between September 1, 2020, and September 30, 2021, and you signed and returned on time any and all declarations of COVID-19 related financial distress that your landlord gave to you,
or
(2)You completed an application for government rental assistance on or before March 31, 2022,
You may have protections against eviction.
For information about legal resources that may be available to you, visit lawhelpca.org.
If you have a high income, your landlord may give you another Notice. Learn more
If your landlord has proof you have a high income, they can give a Notice that says if you turn in a COVID-19-Related Declaration of Financial Distress, you must also turn in proof of your financial distress. High income means your household earns at least 130% of the median income where your home is located. You are not high income if your household earns less than $100,000 per year.
If you received this Notice, you must include proof of your financial distress when you turn in your COVID-19-Related Financial Distress Declaration.
How to figure outyour deadline
- Day 1 is the 1st day after you got the Notice
- Don'tincludeSaturdays, Sundays, or court holidays when countingthe days
A landlord can use this kind of Notice if their tenantisn’tfollowingthe rental agreement or lease, and the problem can be fixed.
For example, the tenant has a pet and the lease says "no pets," or the tenant isbothering neighbors with loud noise. The Notice must ask the tenant to fix the problem within 3 days or move out.
This Notice can go by other names, like a 3-Day Notice to Cure.
The Notice mustbe in writing and include:
Thetenant(s)full name(s)
Therental home’saddress
A description ofwhat the tenant is doingto violate thelease
That the tenantmustfix the problem or move out in 3 days (not counting Saturdays, Sundays, or court holidays).
How to figure out your deadline
- Day 1 is the 1st day after you got the Notice
- Don'tincludeSaturdays, Sundays, or court holidays when countingthe days
Some city laws (ordinances) require thatyour landlord send you a letterabout the problem before they give you notice. This is sometimes called a "cease and desist letter."
If your tenancy falls under the Tenant Protection Act, this is also the Notice your landlord must give youbeforethey give youa 3-day Notice to Quit (next section). If youdon't fix the problem they tell you about in this Notice then they can give you a 3-day Notice to Quit (without the option to fix the problem) to end your tenancy.
A landlord gives their tenant a3-day Notice to Quit (move out)if they think the tenant is responsible for serious problems at the rental home like:
Causingor allowinga nuisance on the property(like a dangerous dog)
Doingsomething illegal (like sell drugs)at thehome
Negatively affecting other people’shealth andsafety (using highly flammable or toxic chemicals at the home)
Causingmajor damage to the home that makes it worth much lessmoney(sometimes called commits waste)
Movingin other tenants (subtenants) withoutthe landlord's permission
If your tenancy falls under the Tenant Protection Act, your landlord gives you this Notice if you didn't do what was asked in a3-Day Notice to Perform Covenants or Quit by the deadline.
The Notice mustbe in writing and include:
Thetenant(s)full name(s)
Therental home’saddress
Describe everything that the tenant did todeserve a 3-day Notice to move out,includingdetails and dates
Say clearly that the tenanthas tomoveout as soon as the 3 days are up (not counting Saturdays, Sundays, or court holidays)
This Notice can go by other names like a 3-day Notice to Vacate, 3-day Unconditional Notice to Quit.
How to figure out your deadline
Day 1 is the 1st day after you got the Notice. Then you count every day.
Tenant protection laws require many landlords to providea just cause to end a rental agreement.
For example, a just cause could be that the landlord must makemajor repairs for a required health and safety reasons. Or, that they sold the house to someone who plans to move into it. If the laws apply, your Notice must have a just cause listed. Your landlord may be required to give you money to help you move (relocation assistance).
A landlord uses a 30-day Notice to Quit (move out) to end a month-to-month tenancy ifthe tenant has been renting for less than 1year. A landlord uses a60-day Notice to Quit if their tenant has been renting for 1 year or more.
In many cases, landlords can’tcancel a month-to-month tenancy for just any reason. They will need a just cause if required theTenant Protection Act of 2019.
In some cases, a landlord can use the 30-day or 60-day Notice to end a rental agreementwithout a just cause. For example,
- If their tenant has lived in the home for less than a year. If there's more than 1 tenant in the same home, the one year is measured by the tenant who’s lived there the longest.
- If the landlord lives in the rental home (single-family home with no more than 2 in-law units, or condominium) with their tenant except if the landlord isaprimary tenant(they rent a home from the owner and thenrent out to other tenants).
- If the landlord lives in ½ of a duplex full-time and rents out the other half
- New housing that's been built within the last 15 years
If you get a 30 or 60-day Notices to Quit, it must be in writing andinclude:
Thetenant(s)full name(s)
Therental home’saddress
That the month-to-month tenancy will end in 30 days ifthey're giving a 30-dayNotice or in 60 days ifthey're giving a 60-dayNotice.
A statement on how to pick up any property left behind (reclaim abandoned personal property)
If required by the Tenant Protection Act the Notice must also include
The just cause (legal reason)
That if the tenant has lived in the home for more than 1 year they have (1) aright to money tohelp themmove (relocation assistance) or (2)they don't have to pay their last month's rent (rent waiver). If you decideto waive last month's rent (choice 2) you'll include what the last month's rent amount is andthat your tenant doesn't owe you rent for their last month.
How to figure out your deadline
Day 1 is the 1st day after you got the Notice. Then you count every day.
Landlords can only use this type of Notice if theirrental property isSection 8subsidized housing. The Notice is a demand that the tenant moves out within 90 days.
The landlordmust have a legalreason("just cause") to askthe tenant tomove.
The Notice must be in writing and include:
- The date the tenancy will end ("be terminated")
- Detailed reason(s) for the eviction
- That if the tenant doesn't move outwithin 90 days the owner may start a court case to evict them and that they can give their side of the story then
- That they have 10 daysto talk about the Notice with the landlord. The 10-day period begins on the day that the Notice is properly delivered to them
- That people with disabilities have the right to request reasonable accommodations to participate in the hearing process
How to figure out your deadline
Day 1 is the 1st day after you got the Notice. Then you count every day.
I am an expert in landlord-tenant law and housing regulations, with a comprehensive understanding of the various notices used in the eviction process. My expertise stems from years of practical experience and in-depth research on housing laws, particularly in the context of California.
Now, let's break down the key concepts and information mentioned in the provided article:
-
Types of Notices:
-
3-Day Notice to Pay Rent or Quit:
- Used when the landlord believes the tenant is behind on rent.
- Specifies the amount owed, the deadline (3 days), and payment details.
- Restrictions on including fees other than past due rent.
- Deadline calculation excludes Saturdays, Sundays, or court holidays.
-
15-Day Notice to Pay or Quit (for COVID-19 rental debt):
- Applied for rental debts related to COVID-19 between March 1, 2020, and September 30, 2021.
- Requires a General Notice, followed by a 15-day Notice and a COVID-19 Related Financial Distress Declaration.
- Protections against eviction for qualifying conditions.
-
3-Day Notice to Cure (or Quit):
- Issued when the tenant violates the lease (e.g., having a pet when prohibited).
- Provides a 3-day window to remedy the violation or vacate.
- Some city laws may necessitate a cease and desist letter before this notice.
-
3-Day Notice to Quit (for serious problems):
- Used for severe issues like causing a nuisance, engaging in illegal activities, or jeopardizing health and safety.
- Follows a failure to comply with a prior 3-Day Notice to Perform Covenants or Quit.
-
30-Day or 60-Day Notice to Quit (end of tenancy):
- Applies to month-to-month tenancies, with a 30-day notice for less than 1 year and a 60-day notice for 1 year or more.
- Just cause required in some cases as per the Tenant Protection Act.
- Specifies the end of tenancy period and provides information on property retrieval and tenant rights.
-
90-Day Notice to Quit (Section 8 subsidized housing):
- Applicable only to Section 8 subsidized housing.
- Requires a just cause for eviction.
- Informs the tenant of the termination date, reasons for eviction, and their right to discuss the notice with the landlord.
-
-
Calculating Deadlines:
- Day 1 starts the day after receiving the notice.
- Excludes Saturdays, Sundays, or court holidays when counting the days.
This breakdown provides a comprehensive overview of the concepts and information related to the various eviction notices mentioned in the article.
