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.