It is essential to receive an unlawful detainer judgment before getting a sheriff or marshal to evict your California tenant. Do you have any doubt on how to do it? First off, it starts with serving a valid notice and when it expires filing an unlawful detainer action against the tenant.

Even if the majority of the landlords win those lawsuits because the tenant fails to show up for the hearing, this is very vital to follow the legal code of conduct by delivering the proper notice to the tenant. Otherwise, get ready to have your case dismissed by the court.

There is a 3-day notice to pay rent or quit. If a tenant fails to pay rent in full within the 3 daysthe owner will be filing an unlawful detainer action. What should be included in the notice? Include your tenant’s name, a demand to pay within three days or move out, and a statement citing a warning to commence a legal action. If you are unable to understand or decide to how to do a proper notice according to the law, don’t worry,hire a lawyer from eviction law firm in California, who can assist you in this regard and represent you in the court.

What is the age of a person who can serve notice to a tenant? The minimum age should be over 18 years. Is the tenant bound to accept the notice from you, an owner? In case, tenant refuses to accept the notice, you may just drop it at his/her feet. When your tenant doesn’t open the door, you may post the notice on the door and mail a copy of the notice to your tenant by First Class Mail.

When the three days are over and if your tenant doesn’t pay nor move out, you can then begin the unlawful detainer action. Full or partial payment doesn’t have to be accepted by the landlord if tendered after the expiration of the three-day notice. IF the landlord does accept payment the notice has been satisfied and you lose your eviction rights until the tenant is late with the rent again and you serve another three-day notice.

If you have not accepted the payment after the expiration of the notice period, you can then commence your unlawful detainer action for failure to pay rent.

What about 30-day Notice?

You can use a 30-day notice when the month-to-month tenant has lived at the property for less than a year and if a month-to-month tenant fails to move out after you’ve terminated the tenancy. If the tenant has been living at the property for more than a year, a 60-day notice to terminate would be required. Some government-subsidized tenancies are necessary for the 90-day notice.

In order for tenant eviction in California for a small violation, insignificant damage or nuisance or without just cause, this 30-day, 60-day or 90-day notice has to be served. Without just cause is not allowable everywhere.



For more information click: http://expressevictions.com/california-eviction-notices/3060-day-eviction-notice/