Eviction Notices: Types, Requirements and Procedures

law

Landlords give different kinds of notices to tenants for evictions. Each type is specific in what it requires and specific for various situations. Listed below are the various types of notices. You should provide the tenant one in each of the subsequent scenarios by either hand delivery to the tenant, posting the notice to the tenant’s door, or by certified mail. When the specified time given to vacate has passed and the tenant hasn’t moved out, the landlord proceeds with filing in court for eviction.

Pay Rent or Quit (Three-Day Notice)

A landlord offers a tenant a three-day notice to pay rent or quit after the tenant has not paid the rent. The notice should accurately state the quantity of rent due (excluding any interest, late fees, or other charges). Failing to pay the rent may be a violation of the rental agreement.

Under Code of Civil Procedure 1162, you must either hand deliver the notice to the tenant or to a different adult at the tenant’s residence, followed up with a copy mailed to the tenant. Or you can affix a copy to a conspicuous place on the property, such as the exterior door, and additionally mail a copy.

Three-Day Notice to Perform Covenant or Quit

A three-day notice to perform covenant or quit is correct to use where the tenant has violated a provision of the lease for something other than failure to pay rent. For instance, the contract prohibits pets but if the tenant has a pet, or if the tenant fails to pay required utility fees but did not do this, this is the correct notice.

The notice ought to state that the tenant may stay within the rental unit if they fix the situation by the third day. If the matter is not or cannot be repaired, the tenant must vacate the rental by the end of the third day. If the tenant does not either fix the situation or move out, the landlord then files an unlawful detainer lawsuit with the clerk of court’s office in anticipation of a court hearing to force eviction.

Three-Day Notice to Quit

A three-day notice to quit is used when a tenant violates a term of the rental agreement. For instance, this notice is for a tenant who causes or permits a nuisance on the property, uses the property to do crimes, threatens the health and safety of other tenants or the other general public, or moves in subtenants without the landlord’s permission. These types of violations of the rental agreement cannot be cured. The notice advises the tenant to vacate the property by the end of the third day.

Seven-Day Notice

If the landlord has a tenant who is undesirable but the case might be remedied inside seven days (for instance, unauthorized pets, guests, or parking, etc.), the seven-day notice might be given. The notice ought to state how the tenant is violating the lease and provide the tenant seven days to correct the matter or to vacate the premises. The tenant would be allowed to remain if he complied.

If he does not obey, then the landlord would file a complaint in court. If the same violation recurs inside a 12-month period, the landlord could start eviction proceedings without giving a subsequent notice.

Thirty- or Sixty-Day Notice

A landlord who wants to end a month-to-month tenancy may do so by serving a written 30-day or 60-day notice on the tenant. If the tenant has remained on the property for 12 months or fewer, a 30-day notice is suitable. If the tenant has remained longer than 12 months, a 60-day notice is needed.

Generally, a 30-day or 60-day notice does not need to state the landlord’s reason for ending the tenancy. However, keep in mind this notice typically does not apply in jurisdictions with rent management. Also, a landlord should not serve the notice once if it might be viewed as retaliatory.

This notice is additionally acceptable during a post-foreclosure state of affairs where the previous owner still resides at the property.

Leave a Reply

Your email address will not be published. Required fields are marked *