Types of Eviction Notices

  • 3 Day Notice to Pay or Quit (pay rent or move out)
  • 3 Day Notice to Perform Covenants or Quit (Fix a Problem or move out)
  • 3 Day Notice to Quit (Move out because of serious lease violation)
  • 15 Day Notice to Pay or Quit for rent due September 1,2020 to September 30,2021
  • 30 Day or 60 Day Notice to Quit (Notice to end rental agreement)
  • 90 Day Notice to Quit (Section 8 Housing Only)

3 Day Notice to Pay or Quit (Pay rent or move out)

A 3 Day Notice to pay rent or quit is employed by landlords when they believe their tenant has fallen behind on rent payments. This notice serves the purpose of promoting the tenant to either settle the outstanding rent or vacate the premises.

Key points to remember:

1. Written Notice: The notice should be provided in writing should contain the following details:

  • Full name(s) of the tenant(s)
  • Address of the rental home
  • Exact amount of overdue rent
  • Clear statement that all overdue rent must be paid within 3 days, or the tenant must vacate the property
  • Name, address, and phone number of the person to whom the rent is payable

2. Payment options:

If in-person payment is an option, specify the days, times, and locations where rent can be paid.

If payment by mail is acceptable, provide the mailing address for rent payments.

3. Specific Period Consideration:

Between April 1,2022, and 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

 

4. 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.

5. Determining the Deadline:

  • Commence counting from the day after the tenant receives the notice.
  • Exclude Saturdays, Sundays, and court holidays while calculating the 3 day timeframe.

3 Day Notice to Perform Covenants or Quit (Fix a Problem or move out)

Landlords can use this type of notice when their tenant is not abiding by the terms of the lease or rental agreement, and the issue is reparable.

For instance, if the lease explicitly prohibits pets but the tenant has brought in a pet, or if the tenant is causing disturbances to neighbors with loud noise, this notice comes into play. The notice should prompt the tenant to rectify the issue within a 3 day timeframe or vacate the premises.

This notice may also be known by other names, such as a “3 Day Notice to Cure.”

Key components to include in the notice are:

  • Complete name(s) of the tenant(s)
  • Address of the rental property
  • Explanation of the lease violation committed by the tenant
  • Stipulation that the tenant needs to address the issue or vacate within 3 days (excluding Saturdays, Sundays, and court holidays)

Determining the deadline:

  • Day 1 starts from the day following the notice receipt
  • Do not count Saturdays, Sundays, or Court holidays when calculating the 3-day period.

In certain cases, local laws (ordinances) might mandate that landlords send a preliminary letter addressing the issue before delivering the notice. This preliminary step is sometimes referred to as a “Cease and desist letter”

If your tenancy is protected under the Tenant Protection Act, this notice serves as the prerequisite before the issuance of a 3-day Notice to Quit. Failure to address the issue mentioned in this notice can lead to the issuance of a 3 Day Notice to Quit (without the option to rectify the issue), resulting in the termination of the tenancy.

3 Day Notice to Quit (Move out because of serious lease violation)

When a landlord believes a tenant is responsible for significant issues at the rental property, such as:

  • Engaging in or allowing nuisances on the premises, like having a dangerous dog.
  • Conducting illegal activities, such as drug sales, within the house.
  • Endangering the health and safety of others by using hazardous chemicals on the property.
  • Causing substantial damage to the property that significantly reduces its value (also known as committing waste).
  • Introducing additional tenants (subtenants) without the landlord’s consent.

The landlord may issue a 3 day Notice to Quit, indicating that the tenant must vacate the property.

For those protected under the Tenant Protection Act, this notice is given when a tenant has not complied with a 3 Day Notice to Perform Covenants or Quit by the specified deadline.

Key elements to include in the notice are:

  • Complete name(s) of the tenant(s).
  • Address of the rental property
  • Detailed account of the tenant’s action leading to the 3 Day Notice to Vacate, including specifics and dates.
  • Clear instruction that the tenant must leave at the conclusion of the 3 day period (excluding Saturdays, Sundays, and court holidays)

This notice may also be referred to by other names, such as a “3 day Notice to Vacate” or a “3 day Unconditional Notice to Quit”

 

Determining the deadline:

  • Day 1 beings on the day after the notice is received. Subsequent days are counter without excluding any.

Please note that this is not legal advice, and it’s important to consult with legal professionals for accurate information and guidance regarding eviction notices.

15 Day Notice to Pay or Quit for rent due September 1,2020 to September 30,2021

Your landlord possesses the authority to issue a 15 day Notice to Pay or Vacate, requiring payment for outstanding rental debt incurred due to COVID-19. This pertains to rent and other obligations outlined in the lease agreement, such as utilities or parking charges, that were due between March 1, 2020, and September 30,2021, your landlord is obliged to follow these steps:

  1. Initially, Provide a General Notice
  2. Subsequently, supply a 15 day Notice to pay or Quit along with a blank COVID-19 Related Financial Distress Declaration

For notifications served from April 1, 2022 to June 30,2022, the Notice must incorporate the following statement:

NOTICE FROM THE STATE OF CALIFORNIA

In the event that:

(1) Prior to October 1, 2021, you have paid your landlord a minimum of 25 percent of any overdue rent spanning September 1,2020, to September 30,2021, and you have duly completed and returned any COVID-19 related financial distress declarations provided by your landlord,

Or

(2) On or before March 31,2022, you have submitted an application for governmental rental assistance,

You may be eligible for eviction safeguards.

 

 

In situations where you possess a substantial income, your landlord might issue an alternative Notice

How to determine your deadline:

  • Commence counting from the day following the Notice’s receipt
  • Exclude Saturdays, Sundays, and court holidays from the day count

30-Day or 60-Day Notice to Quit (Notice to end rental agreement)

Navigating tenant protection laws in California can be complex, especially when it comes to ending a rental agreement. We’re here to assist landlords in understanding and efficiently managing the eviction process. Here’s what you need to know:

Tenant Protection Laws: California tenant protection laws require landlords to have a valid reason, referred to as “just cause”, to terminate a rental agreement. These laws aim to safeguard tenants rights.

Valid Reasons for Termination (Just Cause):

Property Repairs: If you need to make substantial repairs for health and safety reasons, you have a valid reason to end the tenancy.

Property Sale: Selling the property to someone who intends to occupy it personally is another just cause for termination.

Situations Without Just Cause:

In certain circumstances, landlords can end a rental agreement without specifying a just cause. These scenarios include:

Tenants who have occupied the property for less than a year.

  • Properties with multiple tenants, where the one year requirement applies to the longest tenured tenant.
  • Landlords residing on the property, subject to specific conditions.
  • Properties constructed within the last 15 years.

Notice Periods:

  • For tenants with less than a year of occupancy, a 30 day Notice to Quit Suffices.
  • For those renting for one year or more, 1 60 Day Notice to Quit is required

What should be Included in the Notice:

When serving a Notice to Quit a Notice to Quit (30 or 60 Days), ensure it contains the following:

  • Full name (s) of the tenant(s)
  • The rental property’s address
  • A specific termination date, either 30 or 60 days from the notice date.
  • Clear instructions on how tenants can retrieve any abandoned personal property

If compelled by the Tenant Protection Act:

  • Specify the legal reason (just cause) for termination.
  • For tenants occupying the property for over one year, outline their right to relocation assistance or the option to waive the last month’s rent, including the last month’s rent amount.

Calculating the Deadline:

To determine the move-out deadline, start counting from the day following the Notice’s receipt. Each day counts towards fulfilling the notice period.

Out goal is to simplify the eviction process for California landlords. Without expertise, you can confidently navigate the legal requirements while ensuring your rights and interests are protected. Let us help you manage your rental property smoothly and efficiently.

90-Day Notice to Quit ( Section 8 Housing Only)

Landlords can use this specific type of Notice exclusively for Section 8 subsidized housing properties. This Notice serves as a formal demand for the tenant to vacate the premises within a 90 day timeframe

Notice Type Eligibility: This specific Notice is exclusively applicable to landlords with rental properties under section 8 subsidized housing programs. It serves as a formal demand for the tenant to vacate the premises within a 90-day period.

Justification Requirement: Landlords must have a valid legal reason, often referred to as “Just cause” to request the tenant’s departure.

Written Notice Criteria: The Notice must be presented in written form and should encompass the following elements:

  1. Termination Date: Clearly state the date on which the tenancy will cease.
  2. Detailed Grounds for Eviction: Provide a thorough explanation of the reasons necessitating eviction.
  3. Legal Implications: Inform the tenant that failing to vacate within the specified 90 day period may prompt the landlord to initiate a court eviction proceeding. Make it known that the tenant will have an opportunity to present their side of the story during this process.
  4. Discussion Period: Notify the tenant that they have a 10 day window to discuss the Notice with you. This 10 day timeframe commences on the day when the notice is appropriately delivered to them.
  5. Rights of Individuals with Disabilities: Highlight the fact that individuals with disabilities have the right to request reasonable accommodations to facilitate their involvement in the hearing process.

Determining your deadline: To calculate your deadline, follow these steps:

  1. Begin counting from the day immediately following the day you received the Notice.
  2. Continue counting each subsequent day to accurately track the 90 day timeframe.

Successfully navigating the eviction process within Section 8 subsidized housing requires strict adherence to these guidelines and legal obligations. Our eviction services are at your disposal to provide comprehensive support, ensuring a compliant and seamless process for landlords seeking to regain possession of their property.