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An eviction notice in California is a legal document used by a landlord to inform their tenant(s) that they must vacate the rental unit. This document specifies the reasons for the eviction and the deadline by which the tenant(s) must move out.
Eviction notices in California are subject to specific legal requirements and procedures that must be followed by the landlord. Failure to adhere to these regulations may result in the eviction notice being deemed invalid by the court.
Therefore, it is essential for landlords to have a clear understanding of the legal requirements and to ensure that the eviction notice is properly prepared and delivered to the tenant(s).
Types of Eviction Notices in California
In California, landlords must follow specific rules and regulations when evicting a tenant. One of these rules is providing the tenant with the appropriate type of eviction notice.
Notice to Pay Rent or Quit
This type of notice is given to tenants who fail to pay rent on time. The notice gives the tenant three days to pay the rent owed or move out of the rental unit. (Section 1161(2))
Non-Compliance (Notice to Cure or Quit)
This type of notice is given when a tenant violates a term of the rental agreement other than failing to pay rent. The notice gives the tenant three days to correct the violation or move out. (Section 1161(3))
Notice to Terminate Tenancy
When a landlord wants to end a tenancy for a specific cause, like the tenant causing a nuisance or indulging in illegal activities, the landlord must provide the tenant with a notice to terminate the tenancy at least three days in advance. (Section 1161(4))
Domestic Violence
This notice allows tenants to terminate their tenancy early if they or a household member were a victim of domestic violence, sexual assault, stalking, or certain other crimes.
The notice period is 14 days from the date the notice is given. (Section 1946.7)
Month-to-Month (Over 1 Year)
For a month-to-month tenancy over one year in California, the tenancy is deemed renewed at the end of the term unless either party gives written notice to terminate, with a 60-day notice required by landlords and at least the length of the periodic tenancy by tenants. (Section 1946.1)
Month-to-Month (Under 1 Year)
If a tenant has resided for less than one year, landlords are required to give at least 30 days’ notice. (Section 1946.1)
Eviction Laws and Requirements in California
Laws & Requirements
Grace period for rent payment. Not defined by law and is usually established by the lease agreement.
Non-payment of rent. The landlord must provide a three-day notice to the tenant, excluding weekends and legal holidays (Section 1161(2))
Month-to-month tenancy. Tenancy length determines termination notice. A 30-day notice if the tenant has resided there for less than a year and a 60-day notice if the tenant has resided there for over a year. (Section 1946.1)
Non-compliance with the lease. The landlord must provide a three-day notice to the tenant before initiating eviction proceedings. (Section 1161(3))
Eviction lawsuit. To file an eviction lawsuit in California, the landlord must follow the legal procedures. (Section 1159 - 1179a)
When is Rent Late in California?
In California, rent is considered late if not paid by midnight on the due date, and a landlord can take legal action to evict a tenant for non-payment of rent.
Grounds for Eviction in California
Grounds for eviction in California include:
Grounds for Eviction
Non-payment of rent
Violation of lease terms, such as unauthorized subletting, pets, or alterations to the property
Nuisance, including drug or criminal activity, excessive noise, or damage to property
Illegal activity, such as drug dealing or other criminal offenses, on the property
Domestic violence
Eviction Process in California
In California, the eviction process involves several steps that must be followed to legally remove a tenant from a rental property.
#1. Write a Notice
Before starting the eviction process, landlords must provide tenants with a written notice stating the reason for the eviction. The type of notice required will depend on the reason for the eviction, such as failure to pay rent, a violation of a lease term, or the end of a lease term.
#2. File the Complaint
If the tenant does not comply with the notice, the landlord must file an unlawful detainer complaint with the court. The complaint must include specific information, such as the reason for the eviction and the amount of rent owed.
#3. Serve the Tenant
The tenant must be served with a copy of the summons and complaint in person, by mail, or by posting it on the property if the tenant cannot be found. They then have a specific amount of time to respond to the complaint.
#4. Wait for Court’s Judgment
Once the tenant responds to the complaint, the court schedules a hearing where both parties can present their case. If the court rules in favor of the landlord, the tenant will have a specific amount of time to vacate the property.
Other Eviction-Related Forms in California
Other Eviction-Related Forms
Complaint (Form UD-100). This form is used to file an unlawful detainer (eviction) case against a tenant who hasn't followed the rules of their lease or rental agreement.
Cover sheet (Form CM-010). It includes details about the case, such as the names and addresses of the parties involved and the legal claims being made.
Summons - Eviction (Form SUM-130). It is a court form used to serve a summons in a civil case. The form includes details about the case, such as the names and addresses of the parties involved and information about the documents being served.
Proof of service of summons. A court form is used to serve legal documents, including a summons and complaint, to the defendant in a civil case.
Answer - Unlawful detainer (Form UD-105). The form provides space for the tenant to admit or deny the allegations in the eviction complaint, as well as any affirmative defenses or counterclaims they may have.
Request to set case for trial - Unlawful detainer (Form UD-150). Once the eviction case has been filed and the tenant has been served with notice of the eviction, the landlord must file this form with the court to request a trial date.
Judgment for unlawful detainer (Form UD-110). The form is filled out by the court clerk or the judge after the court case is concluded and specifies the details of the court judgment, including case outcome, the amount of unpaid rent owed, the amount of damages awarded, and any other relevant details.
Writ of possession (Form EJ-130). It is used to request the sheriff confiscate and sell the defendant's belongings in order to pay the claimant the amount determined by the court judgment.
Eviction Information for Landlords in California
If a landlord wants a tenant to move out of their property, they must provide a written notice explaining the reason for the eviction. The notice must specify the reason for the eviction and comply with California law.
If the tenant does not correct the issue or move out, the landlord must go through court to get an order for eviction.
Eviction Information for Tenants in California
When a landlord wants to evict a tenant in California, they must first give the tenant a written notice to do something, pay something, or move out. If the tenant does not comply with the notice, the landlord can start an eviction case and ask the court to order the tenant to move out.
When a tenant is facing eviction proceedings, they have the right to respond to the landlord's complaint. If the tenant loses the case, they must vacate the property and remove all of their belongings within a certain time frame specified by the court order.
How to Write an Eviction Notice in California
California Eviction Notice Checklist
California Eviction Notice FAQ
In California, a landlord can file an eviction notice after providing the tenant with a written notice to either pay rent, fix a violation, or move out.
An eviction notice is a legal requirement in California before a landlord can initiate an eviction case against a tenant. It is important to follow the correct procedures and requirements when serving an eviction notice, as failure to do so could result in the case being dismissed.
The eviction process in California can take up to 30–45 days or longer from the time the eviction court forms are delivered to the tenant until they must move out.
Yes, a 3-day eviction notice is legal in California for certain situations, such as when a tenant fails to pay rent or violates the lease agreement.