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How Do I Start An Eviction?
In order for a Landlord to initiate the eviction process, California law requires all persons residing in the premises to be served with a Notice. The most common types of notices are discussed below. If preparation or service of the Notice is done incorrectly or not at all and the tenant raises it as a defense, the Court will dismiss the Landlord's complaint due to a technical defect and the tenant will prevail at Court.
• PREPARING AND SERVING THE NOTICE
A. The 3 Day Notice To Pay Rent Or Quit
This Notice is used when the tenant has failed to pay the full rent due and owing for the particular rental period. All tenants named in the rental agreement must be listed on the notice as well as the names of all other occupants, if known. The complete property address and county must be on the notice including the apartment number of the unit if applicable. Finally, the exact amount of rent must be demanded in the notice without any additional amounts for late charges, interest or other penalties. If any charges other than rent are included on the 3 Day Notice to Pay Rent or Quit, California case law holds that the notice is fatally defective and the Landlord's case will be dismissed. Be sure to date and sign the notice and fill out a proof of service indicating the date and method of service.
B. THE 30 DAY NOTICE TO TERMINATE TENANCY
A 30 day notice may be used to terminate a month to month tenancy. It cannot be used to terminate a fixed term lease agreement during the term of the lease. A 30 Day Notice to Terminate Tenancy may also be served in situations where the owner of a property is selling a single family home or condominium that is in an open escrow but there are very narrow restrictions that must be complied with by the owner. Please call our firm for more details if you are in this situation.
The critical point to remember is that the Landlord must not accept any rent payments to cover any period of time after the expiration of the notice date. If the tenant tenders a rent payment to cover a period of time after the expiration of the 30 days, it must be returned immediately to the tenant to avoid a waiver of the 30 day notice.
C. THE 3 DAY NOTICE TO CURE BREACH OF COVENANT OR QUIT
This type of notice is used when the tenant has breached some material term of the rental agreement other than non payment of rent, i.e., No Pets clause, subletting without Landlord's consent, or not paying late fees. The Notice essentially gives the tenant 3 full days to correct the violation or move out of the premises. Tenants will normally contest notices of this type in court so it is essential that the Landlord have witnesses, photographs and other evidence to prove to the court that the breach did in fact occur. In a situation where there is a pet or constant late payments, it is better to simply serve a 30 Day Notice to terminate the tenancy (if it is month to month) so that the tenant has additional time to vacate. A 30 Day Notice reduces the chances that the case will be contested at court since most tenants cannot vacate the premises in 3 days.
D. THE 3 DAY NOTICE TO QUIT FOR COMMITTING A LEGAL NUISANCE
This notice is similar to the previous notice but is used when the tenant is engaging in criminal activity or other acts which are harmful to other occupants of the property, thereby constituting a legal nuisance. Such acts include illegal drug activity, prostitution, and in some cases gang activity. Code of Civil Procedure, Section 1161 provides the legal basis whereby a landlord can serve a 3 Day Notice to Quit on a tenant who “…illegally sells a controlled substance upon the premises or uses the premises to further that purpose…” Again, the Landlord is advised to have independent witnesses (other tenants who observed the illegal activities), police officer testimony and other evidence to sustain the Landlord's burden of proof should the tenant contest the matter at trial. It is best to have an attorney prepare this type of Notice.
http://www.legalwiz.com/freearticles/caltlaw.shtml
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60-Day Notice
On January 1, 2007, for tenants who have resided in the premises for one year or more, landlords who wish to terminate that tenancy are required to give 60-days notice.
Civil Code section 1946.1 requires the 60-day notice for tenancies of a year or more unless ALL of the following are true
• The dwelling or unit is alienable separate from the title to any other dwelling unit.
• The owner has contracted to sell the dwelling or unit to a bona fide purchaser for value, and has established an escrow with a licensed escrow agent.
• The purchaser is a natural person or persons.
• The notice is given no more than 120 days after the escrow has been established.
• Notice was not previously given to the tenant pursuant to CC 1946.1
• The purchaser in good faith intends to reside in the property for at least one full year after the termination of the tenancy.
30-day Notice
A landlord who wants to terminate (end) a month-to-month tenancy can do so by properly serving a written 30-day notice on the tenant. Generally, a 30-day notice doesn't have to state the landlord's reason for ending the tenancy.
http://www.expressevictions.com/california-eviction-notices.php
