What you need to know on evictions by 30-day or 60-day notice?
Prior to bringing an unlawful detainer claim against a tenant, you must take legal action to terminate the tenancy. You can use the 30-day to terminate in a month-to-month tenancy but in most cases, if the tenant has lived to the property for a year or more, you must give the tenant a 60-day notice. You can file a lawsuit against the tenant if, by the end of 30-day or 60-day notices, does not comply and stays in the property.
Please take note that a fixed term type of tenancy may not be terminated by these notices before the agreed end of fixed term unless for a reasonable cause like non-payment of rent or violation of the lease terms. On periodic type of tenancy (rent is paid every period), may be terminated by 30-day notice.
How to properly serve the Three-Day Notice to the tenant?
The law is very strict regarding the timing and manner in which a three-day notice is required to pay rent or vacate is being served to your tenant (s).
The most effective way to deliver a three-day notice is merely having an adult over the age of 18 or preferably and highly recommended, a certified processor and not a party in the lawsuit hand your notice to the tenant, ideally at the tenant’s residence. If the renter you’re trying to give the lease to three-day notice seems to be absent most of the time, and you you ought to try to find out where he or she works to go there and personally serve him or her.
If the tenant cannot be found at either at home or at work, the law permits you to employ “substituted service” instead of providing anything in person the tenant’s notification. You must follow these steps:
- Make at least one unsuccessful attempt to personally serve the tenant at home.
- Make one unsuccessful attempt to serve the notice at work.
- Leave the notice, preferably with an adult, at the tenant’s home or workplace.
- Mail a copy of the notice to the tenant at home by ordinary first-class mail. (C.C.P. § 1162(a)(2).)
If neither the tenant nor any other occupants are present, at home or work (or if you are unsure of the tenant’s work location), you may give the three-day notice to them by using a process called “posting and mailing,” often known as “nail-and-mail.” You must follow these steps:
- Make at least one unsuccessful attempt to personally serve the tenant at home.
- If you know where the tenant works, try unsuccessfully to serve him or her at work.
- Post a copy of the notice on the tenant’s front door.
- Mail another copy to the tenant at home by first-class mail. (C.C.P. § 1162(a)(3) and Hozz v. Lewis (1989) 215 Cal. App. 3d 314.)
The 3 day notice to quit usually arises from non-payment of rent or other tenant violations on the terms of lease or rental agreement. This notice has three types namely:
1. 3 day notice to pay rent or quit which the landlord should serve this written notice to the tenant before filing an unlawful detainer case and must include the precise sum due (should not be more than the actual due but can be less), the name, address and telephone number to whom payment is to be made if payment may be made personally, the days and hours that the person receiving the rent is available to receive the rent. If the person is not available to receive it in person, it can be mailed no later than day three to the address in the notice; or, if there is no address, to the address where rent is normally paid. The counting days does not include Saturdays, Sundays and holidays.
2. 3 day notice to perform covenant or quit which the landlord may serve to the tenant if there is any violations on the lease or rental agreement and tells the tenant to stop the violation or cure if it is curable. The counting days does not include Saturdays, Sundays and holidays.
3. Unconditional 3 day notice to quit which a landlord may not give the tenant a chance to correct a violation. The 3 day notice to pay rent or quit and 3 day notice to perform covenant or quit counting days does not include Saturdays, Sundays and all holidays while this unconditional 3 day notice, Saturdays, Sundays and holidays all count.
The 30, 60, or 90 day notice to terminate a month to month tenancy can be serve to the tenant for reason or no reason at all as long as it does not constitute unlawful reason such as discrimination and retaliation against the tenant in exercising his/her legal right. Tenants who have resided continuously in the rental for a year or more are entitled to 60 days’ notice; if less than one year, only 30 days’ notice is required.
This notice must be served any day of the month unless the rental agreement requires on a certain day. The counting days of this notice does not include Saturdays, Sundays and holidays. This notice can be withdrawn if both the landlord and tenant agreed to nullify it.
The 3 day notice to perform or quit is the only one that requires a secondary notice from the landlord before the landlord can file an unlawful detainer case. The other notices can be used as basis for the eviction.