Eviction & Unlawful Detainer Notices in California

May 04

The state of California has many different types of eviction notices depending on the circumstances of the rental agreement and the tenant’s circumstances.

The amount of notice that landlords and tenants receive depends on, for instance, factors such as the amount of time that the tenant has been renting from the landlord or the number of days between rent payments.

If a tenant is paying rent to the landlord on a monthly basis, as an example, then the landlord should receive a written notice at least 30 days in advance of when the tenant plans on moving out of the landlord’s property.

Of course, if the rental agreement that the landlord and tenant agreed upon at signing specifies the number of days advance notice before the tenant moves out of the landlord’s property, then the tenant should give the landlord as much advance notice as the rental agreement originally specified.

On the other hand, if a landlord in California is looking to provide a legal eviction notice from landlord to tenant then the landlord also has a few rules to follow.

A landlord renting out property in southern California areas like Los Angeles, Palm Springs or Riverside should provide a 30-day eviction notice if an unwanted tenant is being evicted from a monthly lease.

If that unwanted tenant has lived on the landlord’s property for more than one year, however, then California eviction law requires the landlord provide a 60-day eviction notice.

The longest duration eviction notice – i.e., a 90-day eviction notice from landlord to tenant – should be provided when the unwanted tenant is receiving government-subsidized housing.

This applies to government-subsidized housing situations anywhere in southern California, including areas like: Irvine, Anaheim, Palm Springs, Murrieta, Riverside, San Diego, Los Angeles, Ontario, Corona and San Bernardino.

Landlord’s notice to end a periodic tenancy

A landlord can evict an unwanted tenant in southern California and end a periodic tenancy of a rental agreement. (A tenant may do the same for different reasons, with different conditions and with different kinds of eviction notices.)

An eviction notice from landlord to tenant that seeks to end a periodic tenancy should be given to the unwanted tenant with advance written notice.

The eviction notice from landlord to tenant should give the tenant 60 days to move out in cases where the tenant has lived in the landlord’s rental unit for more than one year.

The eviction notice from landlord to tenant should be a 30-day eviction notice if the resident or tenant has lived in the rental unit for less than one year and the landlord has agreed to sell the rental unit out to another resident or tenant for one year or more after the unwanted tenant leaves.

A landlord wouldn’t have to wait for a 3-day eviction notice in cases where the tenant was conducted illicit activity on the rental property or endangering other tenants; in these cases, a 3-day eviction notice would be sufficient.

For an eviction notice from landlord to tenant to be valid under California eviction law, landlords must also meet a few conditions.

These include the following – the landlord must have opened an escrow with a licensed agent or real estate broker and given the tenant the 30-day notice no more than 120 days after opening the escrow; and, the landlord must not have given a previous 30- or 60-day notice to the same tenant.

Lastly, for the eviction notice from landlord to tenant to be valid in California the rental unit should be one that the landlord can sell separately from other dwelling units on the landlord’s property.

An eviction notice must include the following information: the date that the tenant was served; the name and address of the tenant; certificate of service; the landlord’s signature; the name, phone number and address of the financial institution that the tenant should make owed rental payments; and, the total amount of rent that the tenant owes.

Ideally, the landlord should directly serve the eviction notice to the tenant. In cases where that’s not possible, the landlord may use, what’s known as, substituted service to leave the notice with a family member or work colleague who is competent and 18 years or older.

The landlord should also mail a copy of the eviction notice to the unwanted tenant when substituted service is employed as a means of eviction by the landlord.

Landlord’s three-day eviction notice

Landlords looking to evict unwanted tenants in southern California can provide a three-day eviction notice from landlord to tenant in a number of circumstances. The most common reasons for a landlord looking to evict an unwanted tenant with a three-day eviction notice is a failure by the tenant to pay rent. Damaging the landlord’s rental property, violating the lease terms or rental agreement, using the rental property for illicit purposes (e.g., drug dealing or dogfighting on the rental property) as well as acts of domestic violence, the unlawful sale of weapons or ammunition on the rental property, and acts of sexual assault or stalking would all be grounds for the landlord providing a three-day eviction notice.

If such a three-day eviction notice from landlord to tenant is given the landlord still needs to ensure the eviction notice contains a few critical pieces of information. This would include the name, telephone number and address of the financial institution were payment should be made. If the tenant had been paying rent via an electronic fund transfer, then that form of payment may be subsequently used by the tenant in the future. If a tenant has failed to pay rent or violates certain terms of a rental or lease agreement, then that tenant has a chance to correct the violation after receiving a three-day eviction notice.

The tenancy can be continued if the tenant corrects most violations after receiving a three-day eviction notice from landlord to tenant. If the tenant has engaged in illegal activities or other non-correctable violations, then the three-day eviction notice will require the tenant to leave the rental property after the three-day period is up.