The California eviction notices are used in the event that a tenant is breaching the terms of a rental agreement and the landlord is seeking to either have the breach remedied or have the tenant vacate. If the tenant neither cures the breach nor moves out after proper notice is given, the landlord may file for an eviction with their Superior Court Location. A landlord must file a Complaint (Form UD-100), a Cover Sheet (Form CM-010) and a Summons (Form SUM-130) with the court plus filing fees between $240 and $485 depending on the county and amount owed by the tenant. The tenant must be served by a process server and will have five days to respond if he or she was served personally. The tenant may file an Answer with the Court.
Types of Notices
3-Day Notice to Quit (Non-Payment of Rent) – A landlord may serve a tenant with 3 day notice if the tenant has failed to pay rent when it is due under the terms of the lease.
3-Day Notice to Quit (Non-Compliance – Curable) –This form may be used when there are other breaches of the lease other than non-payment of rent. The tenant may fix the problem within the three days or will have to vacate the premises.
3-Day Notice to Quit (Non-Compliance – Incurable) – This form may be used when a tenant has caused issues that the tenant cannot remedy such as an illegal act. In other words, the landlord wants the tenant to move out. Things like selling drugs on the property or being a continual nuisance to the neighbors are examples of these types of issues.
30-Day Notice to Quit (Month to Month Tenancies Under 1-Year) – If a tenant has been on the property for less than a year, a landlord can give a 30 day notice to vacate the premises.
60-Day Notice to Quit (Month to Month Tenancies Over 1-Year) – If the tenant has been on the property at least a year or more, the landlord must give the tenant sixty days notice to vacate the premises.
When is Rent Late
In California, the rent is due on the date specified in the lease and is considered late if it’s not paid by that date.
How to Evict (Process)
In the event that there is a tenant in possession of a landlord’s property that the landlord no longer wants occupying the property, the landlord must determine which type of notice to send depending on whether there is a breach or whether the landlord wants to terminate in the natural course of business.
Step 1 – Serve the tenant with the proper notice depending on the situation:
- 3-Day Notice to Quit (Non-Payment of Rent)
- 3-Day Notice to Quit (Non-Compliance – Curable)
- 3-Day Notice to Quit (Non-Compliance – Incurable)
- 30-Day Notice to Quit (Month to Month Tenancies Under 1-Year)
- 60-Day Notice to Quit (Month to Month Tenancies Over 1-Year)
Step 2 – If the tenant fails to respond in the requisite time period, the landlord may begin the eviction process in court by filing the following documents with the court in the county in which the property is located and paying the requisite filing fee:
Step 3 – The tenant must be served a copy of the documents filed with the court by a civil process server. The process server must fill out a Proof of Service form and provide it to the landlord to file with the court.
Step 4- The tenant has 5 days to respond if he or she was served in person. Otherwise they have fifteen days to respond from the date the summons was mailed.
Step 5 – If the tenant does not respond, you can ask for a default judgment from the court. You will have to fill out the following three forms in order to have the court authorize eviction:
Step 6 – Once the landlord has a judgment and a court approved writ of possession, he or she may deliver to the local sheriff to execute the judgment on behalf of the landlord.
How To Write (Notice To Quit)
1 – Obtain the Appropriate Documents
You may use the “PDF,” “ODT,” and “Word” buttons (beneath the image on this page) to download a workable copy of the California Notice to Quit form. Also, you should make sure the original Lease the Tenant and Landlord have Signed is readily available as the information reported must be the same as that on the Lease.
2 – The Identity of the Tenant and the Location of the Premises
Locate the word “To” preceding the first blank line. Report the exact Name of the offending Tenant or Subtenant on this line.
Now using the Address, as it is reported on the lease, enter the City where the premises is located after the words “City of.” This should be followed by the premises County entered on the blank line following the words “County of.” You will also need to report the premises Zip Code on the blank line following the word “Zip Code.” Finally, on the blank line following the words “number and street as” report the exact Building Number and Street of the premises. If the premises are identified by an Apartment, Suite, or Unit Number, then you must report this on the blank line following the term “Apt.”
The next statement in this section (beginning with the words “In accordance…” will require the Date the Lease was signed to be entered using the spaces following the term “signed on the.” This should be the Calendar Date, Month, and Year of the Signature Date on the lease.
3 – Lease Violation Response
There will obviously be consequences for a Tenant who has seriously violated the terms of his or her Lease. This section will indicate what the Landlord’s reaction to the violation is. There will be three choices here, each for a specific response. Choose the response that is appropriate by marking the corresponding check box and filling in any additional information that may be required.
If the Tenant will have the choice of paying an Overdue Amount or vacating the premises within three days, then mark the first check box. In this selection, the Name of a Landlord’s Agent who may receive the Overdue Payment must be documented in the line preceding the words “an authorized agent. The Overdue Amount must then be written out on the next bank line then, entered numerically on the blank line preceding the word “enumerated…” Then, on the line beginning with a dollar sign, document the Overdue Amount on the first blank space then the Month and Year of the time period this Amount applies to in the next available spaces.
If the Tenant must affect a certain action (i.e. repairs) within three days or surrender the rented unit, then select the second check box and provide instructions as to what must be done to rectify this violation on the blank line provided.
If the Tenant must deliver the rented unit immediately due to illegal activity, then mark the third check box and Name the illegal activity on the blank space provided.
4 – For Month-to-Month Tenancies
Month-to-Month Leases require a specific Notice before either party may terminate the agreement. If the Month-to-Month lease has been in effect for less than a year, then only thirty days’ notice is required. However, if the Month-to-Month Lease has been in effect for more than a year, then sixty days’ notice will be required. If you are a Landlord, select the first check box (beginning with the words, “I am your Landlord”).
If you are the Tenant, then select the paragraph with the check box preceding the words “I am your Tenant.” In either instance the main paragraph will require the specific Date of Termination for the Month-to-Month Lease reported in the blank spaces provided. The type of Lease will also need to be indicated by checking the box preceding the word “Thirty” or checking the box preceding the word “Sixty.”
5 – Landlord/Agent Signature
The Landlord or Agent of the Landlord must Sign his or her Name on the blank line labeled “Landlord/Agent Signature.”
6 – Delivery Certificate
The individual delivering this document must report the Date it was Delivered, to whom it was delivered to in the “Certificate of Delivery” section. Then, he or she must indicate how this was delivered by checking the appropriate check box. Finally, the Delivery Agent is expected to provide a verification Signature on the blank line provided.