SAN DIEGO, CALIFORNIA. Rental properties can be a great investment. According to Iron Law, a San Diego based eviction service, non-paying tenants can sink your investment quickly. An eviction is the method to remove non-paying tenants. In order to start the eviction process, you, as the landlord, must first give the tenant written notice. If the tenant does not do what the notice asks, you can file an unlawful detainer case in court when the notice period ends.
Sometimes figuring out what type of notice is needed can be difficult. Talk to an eviction lawyer to make sure you are using the right notice and that you are filling it out correctly, says Jesse Wagner of Iron Law in San Diego, California. Eviction notices are not court forms, but many of the notice forms can be purchased in stores that sell legal forms. There are free forms available on the Iron Law website: www.Iron-Law.com. Make sure the form you use meets the requirements of current California law, because if there are mistakes in the notice, you might lose the case automatically.
There are different types of notices, as explained in the following table.
3-Day Notice to Pay Rent or Quit
Landlords can use this notice when the tenant is behind on the rent.The notice must:
Be in writing;
Say the full name of the tenant or tenants;
Say the address of the rental property;
Say exactly how much rent the tenant owes* (the notice cannot go back more than 1 year, even if the tenant owes back rent for a longer time, and it cannot include any charge other than rent);
Have the dates the overdue rent is for;
Say that this rent must be paid in full within 3 days of receiving this notice or the tenant must move out;
Say the name, address and phone number of the person the rent should be paid to;
Say the days and times the tenant can pay the rent he or she owes, and the address he or she can pay it at; and
If the tenant can pay the back rent by mail, give the address the tenant should send the money to.
* The notice must NOT include other money the tenant owes, like late fees, interest, utilities, or damages.
3-Day Notice to Perform Covenants or Quit
Landlords can use this kind of notice if the tenant is violating terms in the lease or rental agreement and the problem can be fixed. For example, if the tenant has moved in a pet without permssion, or is not keeping the unit clean, or is violating some other term of the agreement, the notice must ask the tenant to correct the violation within 3 days or move out.The notice must:
Be in writing;
Say the full name of the tenant or tenants;
Have the address of the rental property;
Say what the tenant did to violate the lease or rental agreement; and
Say the tenant has the chance to fix the problem or move out in 3 days.
3-Day Notice to Quit
This kind of notice is used if there have been ongoing problems with a tenant who:
Causes or allows a “nuisance” on the property;
Uses the property to do something illegal (like sell drugs);
Threatens the health and safety of other tenants or the general public;
Commits waste (damage) that lowers the value of the property significantly;
Moves in other tenants (subtenants) without the landlord’s permission.
The notice must:
Be in writing;
Say the full name of the tenant or tenants;
Have the address of the rental property;
State the details and dates of each incident that created a nuisance, waste (damage), or illegal activity, or the subletting of the propety to others; and
Say clearly that the tenant has to move out within 3 days.
30-Day or 60-Day Notice to Quit
A landlord can use a 30-day notice to end a month-to-month tenancy if the tenant has been renting for less than a year. A landlord should use a 60-day notice if the tenant has been renting for a year or more and the landlord wants the tenant to move out.The notice must:
Be in writing;
Say the full name of the tenant or tenants;
Have the address of the rental property; and
Say that the month-to-month tenancy will end in 30 days if the landlord is giving a 30-day notice or in 60 days if he or she is giving a 60-day notice.
In rent-controlled cities, a landlord cannot cancel a month-to-month tenancy for just any reason. The landlord must find out if the unit is in a rent-controlled city, and if so, whether he or she has the right to evict the tenant.
90-Day Notice to Quit
A landlord must use this kind of notice if the tenant is in subsidized housing (Section 8). The landlord must explain why he or she is asking the tenant to move out, and the landlord must have good reasons (“just cause”) to ask the tenant to leave.
How to give notice
You have to serve the notice on the tenant properly, we recommend a process server. There are 3 ways to serve the notice:
Personal service: You or someone else gives the notice directly to the tenant in person.
Substituted service: If the tenant is not home, you can leave the notice with a member of the household, at least 18 years old, where the tenant lives AND then mail a second copy to the tenant at the property.
Posting and mailing (“nail and mail”) service: If there is no one home to leave the papers with, you can tape or nail the notice to the front door or somewhere where it can be seen easily AND send a copy by mail to the tenant at the property.
After giving notice
Once you give the tenant notice, you must wait until the notice period is up to see if the tenant does what the notice asks within the time allowed. If the tenant does not comply, you can file an unlawful detainer case in court to evict the tenant and request back rent. If the tenant does what the notice requires (like pay the back rent in full), then you cannot file an unlawful detainer case. If you file the eviction case in court before the notice runs out, the court will dismiss the case.To count the days in the notice period:
The first day is the day after the notice is served.
Then count every day on the calendar, including weekends and holidays.
If the last day of the notice period falls on a holiday or weekend, then the notice period ends the next work day.
JESSE WAGNER
Sr. Litigation Coordinator
Iron Law
3268 Governor Drive
Suite 345
San Diego CA 92122
Phone (888) 909-0158
Email: [email protected]
Web: www.Iron-Law.com