The first step in evicting a tenant is issuing the appropriate notice
The most common notices are the 3 Day Notice, the 30 Day Notice and the 60 Day Notice.
3 DAY NOTICES
The 3-Day Notice will require the tenant to comply with the terms of the Notice within 3-Days. Below are some of the commonly used 3-Day Notices:
- The 3 Day Notice to Pay or Quit – Perhaps the most commonly used notice, issued for nonpayment of rent. The tenant has three days to pay the full amount due or move out.
- The 3 Day Notice to Perform or Quit – When the tenant has violated any provision of the lease contract or rental agreement and the violation can be remedied, this is the notice to use. The tenant has three days to fix the problem or move out.
- Three Day Notice to Quit – This is for tenant problems that cannot be remedied, for instance:
- The tenant is committing a nuisance on the property which interferes with other tenants;
- The tenant does anything that lowers the value of the property significantly;
- The tenant uses the property for an unlawful purpose;
- The tenant commits domestic violence, sexual assault, or stalks another tenant on the property;
- The tenant uses, sells, manufactures, cultivates, or imports illegal drugs;
- The tenant engages in unlawful activities involving weapons or ammunition.
30 DAY NOTICES
The 30-Day Notice to Terminate Tenancy requires the tenant to move out of the property within 30-days. They are typically used for:
- Ending a month-to-month tenancy of a tenant who has lived in the property for less than one year. (Remember, when a fixed lease term expires and neither the tenant nor the landlord gives notice, the lease reverts to a standard month-to-month lease);
- The landlord has contracted to sell the rental unit to another person. In addition, all of the following must be true in order for the selling landlord to provide 30-day notice:
- The landlord must have an open escrow with a licensed escrow company or broker;
- The landlord must have provided the 30-day notice no later than 120 days after opening the escrow;
- The landlord must not have previously provided the tenant with a 30-day or 60-day notice;
- The rental unit must be one that can be sold separately from any other dwelling unit;
- The purchaser intends to reside in the property for at least one full year after the termination of the tenancy.
60 DAY NOTICES
The 60-Day Notice to Terminate Tenancy requires the tenant to move out of the property within 60-days. They are typically used for::
- Ending a month-to-month tenancy of a tenant who has lived in the property for one year or more.
Contact an Experienced Attorney
Attorney Legal Service Center has been a tenants’ lawyer since 2001, and is ready to help you deal with an eviction notice or termination of tenancy. We will use the law to help you protect your home and your tenants’ rights.