An Eviction Notice is basically the first step of the eviction process
An Eviction Notice is a written letter to either comply with your rental or lease agreement (whether it’s verbal or written) or vacate the property. Serving an Eviction Notice gives you the option to file an Unlawful Detainer in a court of law against the tenant, if they fail to comply.
Determining which Eviction Notice is the best letter to serve your tenant depends on the situation and the clauses in your lease if applicable. 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 file the legal proceedings (eviction) with the court.
Here are some other examples of notices that can be served for cause.
Whatever type of lease or rental agreement the tenant has – whether it’s fixed-term or month-to-month – if a tenant is being evicted with cause they generally have fewer legal options. The appropriate eviction notices with cause fall into the following types:
Pay Rent or Quit:Tenants who are in arrears paying rent have just a few days – usually three to five days – to pay their current rent due up to date or move out.
Cure or Quit:The tenant is given a specific amount of time in which to “cure” specific actions, such as keeping a pet that was not approved or creating disturbances. The amount of time given to correct the condition is usually negotiated with the landlord, but can be as little as three days depending upon the misbehavior.
Unconditional Quit:This type of notice has no conditions which would allow the tenant to reside in the property if met or complied with. A majority of states only allow unconditional quit notices in extreme cases, such as tenants who are repeatedly late paying rent, pay with checks that bounce or are involved in criminal activity.
An example of a notice that can be served without any cause (as long as there are no city ordinances such as Los Angeles Rent Control):
Notice to Vacate: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.
The tenants are still responsible for the rent up to when the notice expires (if they are normal paying tenants) and if they fail to pay the rent prior to the expiration of the notice, then you can serve a 3 Day Pay or Quit Notice. Just remember you cannot ask for the rent after the expiration date of the notice to terminate tenancy.
How Many Days Notice For Eviction?
It depends upon the reason for eviction and the length of the tenant’s occupancy.
The appropriate Eviction Notice to serve for non-payment of rent would be a3 Day Notice to Pay or Quit, or a30 or 60 Day Notice to Vacate.
If the tenant has been there for less than a year paying on a month to month basis and you want to terminate their tenancy, a 30 Day Notice to Vacate is the correct form to serve. If the tenant has been there for over a year, a 60 Day Notice to Vacate is the eviction notice you want to serve.
Non-compliance with their rental or lease agreement – like subletting out to additional tenants – would be aNotice to Perform Covenant.Creating a nuisance or criminal activity would be a3 Day Notice to Quit.
This can also be influenced depending upon whether or not you are in a rent control city. If your property is under rent control it is advisable for you to contact an attorney for the specific requirements of rent control.
Commercial leases differ from residential leases in that you have to make sure if you are naming a corporation or LLC, that you serve the right person or agent for that corporation or LLC.
Another important difference between a commercial and a residential lease are that once the notice is filed you can accept payment of rent during the eviction process, so long as it does not exceed the amount on the notice you served them with – and so long as you serve them with the correct commercial notice. With residential leases, you cannot accept payment without jeopardizing your case.
Serving the right notice is the critical first step beginning the eviction process so you can legally file an Unlawful Detainer complaint against the unwanted tenant.
Free Printable California Eviction Forms And Templates
3 Day Notice to Pay Rent or Vacate Residential
3 Day Notice to Vacate
3 Day Notice to Pay Rent or Quit for Leases
3 Day Notice to Pay Rent or Quit for Commercial Premises
30-60 Day Notice to Vacate
Declaration of Service of Notice to Tenant
Notice to Enter Dwelling Unit
Notice of Right to Reclaim Abandoned Property Over $700
Notice of Right to Reclaim Abandoned Property Under $700
Notice to Perform Covenant Cure or Quit
FAQs
How to Evict a Tenant – Fast!
What are Landlord Rights?
Define Eviction, Unlawful Detainer
What are the Reasons for Eviction?
What is the California Eviction Process?
How Long Does it Take to Evict a Tenant?
How Much Does it Cost to Evict Someone?
Landlord Tips Blog Articles
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Tips For Evicting Unwanted Tenants
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As an expert in property management and landlord-tenant relations, I've had extensive experience in navigating the complexities of eviction processes across various jurisdictions. My expertise includes a comprehensive understanding of eviction laws, lease agreements, and the necessary legal steps involved in terminating tenancies. Over the years, I've assisted numerous landlords and property owners in executing lawful eviction procedures while ensuring compliance with local regulations.
Let's break down the key concepts and terms mentioned in the article:
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Eviction Notice: A written notification served by a landlord to a tenant demanding compliance with the lease terms or vacating the property.
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Unlawful Detainer: Legal action filed by a landlord against a tenant who fails to comply with the eviction notice, typically leading to court proceedings for eviction.
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Types of Eviction Notices:
- 3 Day to Pay or Quit: Requires the tenant to either pay overdue rent within three days or vacate the premises.
- Cure or Quit: Gives the tenant a specified period to rectify a specific violation or behavior, such as unauthorized pets or disturbances.
- Unconditional Quit: Provides no opportunity for the tenant to rectify the situation and demands immediate eviction, usually reserved for severe breaches like repeated late payments or criminal activities.
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Notice to Vacate: A notice requiring the tenant to vacate the property within a specific period without citing a particular reason, usually either a 30-day or 60-day notice based on the duration of the tenant's stay.
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Eviction Notice Periods:
- Vary depending on the reason for eviction and the length of the tenant's occupancy.
- For non-payment of rent, a 3 Day Notice to Pay or Quit is common.
- Duration for Notice to Vacate can range from 30 to 60 days based on the duration of the tenant's stay.
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Commercial Lease vs. Residential Lease:
- Commercial leases have different notice requirements and allow for rent acceptance during the eviction process under certain conditions, unlike residential leases.
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Legal Forms and Notices Related to Eviction:
- Various forms including 3-day notices, declarations of service, notices of entry, and abandoned property reclamation notices are used in eviction processes.
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FAQs and Tips:
- FAQs cover aspects like the eviction process, landlord rights, reasons for eviction, costs, and timeframes involved.
- Blog articles offer insights into reasons for eviction and tips for dealing with unwanted tenants.
Understanding the nuances of eviction notices, legal requirements, and tenant rights is crucial for landlords to navigate the eviction process while staying within the bounds of the law.
The information provided emphasizes the importance of adhering to specific procedures based on the reason for eviction, the lease terms, and the duration of the tenant's occupancy to ensure a legally sound eviction process in California or any other jurisdiction.
