3 Day Notice To Vacate California

Go Through The Court Process

3 Day Notice to Cure or Quit – California Eviction Process

You or the tenant may ask for a trial date, which is usually set within 10 to 20 days after the request. The time frame may vary depending on your area. You cannot collect rent from the tenant while awaiting a trial, but the tenant will be responsible for rent payment.

The tenant may respond to your lawsuit by filing one of many legal objections to the notice, service, or the actual complaint. An objection to the method of service of the notice or complaint is a Motion to Quash Service of Summons, and an objection to the grounds for eviction is a Demurrer.

You will have to respond to these objections in writing. If the court sides with the tenant, you’ll be granted “leave to amend,” which is a second chance to show that you have a valid case or that you properly gave notice to and served the tenant. At this stage, if you lose a second time, your lawsuit may be dismissed, and you will have to start your lawsuit again. This part is particularly tricky, and you should seek help from an attorney.

If the tenant “answers” the complaint, then a trial date is set. Both sides will be able to present evidence and explain their cases to the judge at trial, so collect as much documentation as possible to show that this eviction is warranted.

Make sure to bring records of violations, notices, and the lease agreement with you to court. Most proceedings for eviction take about one hour. But if the defendant brings significant information, the case could take longer.

Filing An Unlawful Detainer

Filing an unlawful detainer correctly is a lengthy process and needs to be done with extreme care as any mistake will result in the case being thrown out by the court. Once an unlawful detainer is filed, the landlord can no longer accept rent payments from the tenant.

There following 3 forms need to be filled out by the landlord:

Civil Case Cover Sheet

This is the point where the landlord needs to seek legal advice in filling out these forms. If these forms are filled out incorrectly or missing information, the tenant will have an easy defense against the eviction on that basis.

After the forms are filled out, they need to be filed with the court and served to the tenant. The method in which these forms must be served is extremely important and advice should be received from a lawyer for this step as well.

After serving, the tenant is given an opportunity to respond. If they do respond, the landlord can ask for a trial and take the matter before a judge who will ultimately decide who should legally be in possession of the property.

Once decided, assuming possession is granted back to the landlord, a lock out date is scheduled with the county sheriff. The sheriff will post a notice to vacate 5 days prior to the lock out date. After those 5 days have passed, the landlord will meet the sheriff at the property and the sheriff will enter and remove any remaining occupants and return possession back to the landlord.

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Your lawyer can help you navigate the complexities of the court system and the California eviction process.

All Tenant Notice Letters you would ever need and in case of Eviction, we have those notice forms to get you started too! Rule Dependent You need only one Writ of Execution.

The notice of northern california cities within which has acted properly ask for housing act out of possession will let customers a vacation or vacate.

California eviction notice is to either have the tenant correct a violation of the lease, known as a curable violation, or to tell the tenant they cannot correct the violation and they must leave the property, known as an incurable violation.

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Wait For The Tenant To Respond To The Lawsuit

The tenant has five business days to file a “response” to the court to challenge the lawsuit. Responses from a tenant might include a motion to attack the method of service, a motion to answer the complaints received, or a motion to attack the sufficiency of the notice received.If the tenant fails to respond after five business days, you can ask for a default judgment by filing another form with the court. The clerk of court will set a court date, and you will have to give the judge enough evidence to show that you properly went through the eviction process and the tenant defaulted.

How Do You Serve A 3 Day Notice To Pay Or Quit In California

California 3 Day Notice to Cure or Quit American Landlord

To serve a 3 day notice to pay or quit in California , you must make sure that the notice is received by the tenant either directly or through registered mail. Preferably, you would ensure the tenant receives the notice in more than one way.

We recommend that you do the following:

Personally deliver the notice
Pay for certified mail delivery
Deliver it at their workplace if you cannot deliver it at home

If those methods are not possible, you can also attach the notice to the door where it is visible or mail it via regular mail, but it is preferable to be able to prove that the tenant received the notice at a certain time.

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Evidence To Show For Not Paying Rent

If the tenant doesnât pay rent, and they dispute that claim, itâs important that you show the judge the following:

Your lease agreement – Showing the terms of the agreement, when rent is due, and any penalties for late payment.

All payments – Showing all previous payments, how they were normally made , and what date they were normally paid on.

Any payment returns – If their check bounced, their bank account had insufficient funds, or they did a chargeback dispute on their credit card, show this to the Judge. Also show any fees your bank may have charged you, and any penalties you are owed according to your lease agreement.

All messages – If you sent your tenant automated or manual payment reminders by text, email, a letter, or mail, itâs important to show this. While itâs usually not needed, itâs still good to show that they were aware of the situation and were given time to cure and make payment. This is why itâs always best to have everything in writing instead of any phone calls or face-to-face meetings.

How To Serve A Tenant

3 Day Notice To Pay Rent or Quit Forms in California Eviction Process

Anyone who is at least 18 years old and not part of the case can serve the tenant with the complaint within 60 days of filing, or the case could be dismissed.

The landlords can serve the Summons and Complaint through the following ways:

Personal Service: The server gives the tenant the Summons and Complaint in person.

Substituted Service: If the tenant is not around, the server can give the court papers to any competent member of the household. The server must also mail a copy to the tenant at the same address.

Posting and Mailing: The landlord can only use this service only if the court gives permission. The server can post a copy of the Summons and Complaint on the visible part of the property. Then, the landlord will mail another copy to the tenantâs last known address.

The best method to legally serve your tenant is to either send them a letter by certified mail or from a process server directly serving them in person.

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There Are Different Types Of Notices With Different Deadlines

Some Noticesgive you a deadline to pay or fix a problem. If you don’t, you must move out by the deadline. These are called Notices to pay or quit or perform covenants or quit. The word quit means move out of the home.

Other Notices only give you a deadline to move out, like a 30-day Notice to Quit.

Day Notice To Vacatefree Eviction Forms California

More Information on how and when to use the 3 Day Notice to Vacate California free eviction letter

This kind of 3 Day Notice to Quit Form is used by landlords 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
Threatens the health and safety of other tenants or the general public
Commits waste that lowers the value of the property significantly
Moves in other tenants without the landlords permission.

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What Is A 3 Day Notice To Pay Rent Or Quit

A 3 Day Notice to Pay Rent or Quit is simply a form used to notify a tenant that they are in violation of their lease for not paying rent and that they have 3 days to pay up or move out. It is the first legal step required before a landlord can move forward with an eviction by filing an unlawful retainer.

A lease is a legally binding contract and this notice is a means of enforcing that contract.

What Happens When The Tenant Doesnt Have All Of The Rent That Is Due On The 3

3 Day Notice To Pay Rent Or Quit Form California

Partial Payments: When a tenant becomes past due in the rent and the landlord has served a 3-day notice to pay rent or quit, then the landlord is giving the tenant an ultimatum. The ultimatum is either pay the full amount of the past due rent or quit. Quit means to move out of and vacate the rental property.

The landlord is not required under the law to take partial payments, its an all or nothing deal for the tenant. However, many landlords may accept partial payments in an attempt to get the tenant back on track. If the landlord accepts a partial payment, then the 3-day notice is now void, however, you can reserve another notice right away.

Some landlords will, for example, accept a partial payment of rent for $300.00 against a balance due to $1,000.00 leaving a new balance of $700.00 of past due rent. The landlord can immediately upon receipt of the partial payment, hand the tenant a new 3-day notice to pay rent for the $700.00 and that starts the clock over again for the new 3-day period.

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What Is This Notice To Quit Used For

A 3-Day Notice to Perform or Quit is used in California by a landlord to initiate the formal process of removing a tenant from a leased rental unit. This notice informs a tenant they have violated a requirement of the lease, and have three days to pay past due rent otherwise, the landlord will file a case in court .

These violations usually need to be major for a court to consider them just cause for an eviction. Common examples of these include:

Moving in a pet when the lease specifies no pets
Moving in additional people when the lease specifically states the tenant cannot do this
Causing significant damage to the property
Endangering others at the property, neighbors, or the community
Dealing drugs or being involved in gang activity at the property

Immigration status, sex, race, religion, and other demographic reasons are generally not just causes to evict someone as they are protected under discrimination laws.

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What Type Of Notice Did You Get

There are 3-day, 30-day, 60-day, or 90-day Notices to Quit. The number of days in the Notice is the deadline for when you have to do what the Notice says.

Select the type of Notice you got for an explanation of what it means and the basic information the landlord is required to include.

This section describes the general information the Notice must include.

When Notice Is Not Required

3-Day Notice to Vacate: What Every Tenant Should Know

Fixed term leases: If the tenant has a lease for a fixed period of time, and the lease is up and the landlord does not extend it, the landlord can file an unlawful detainer case without giving notice first. But the landlord cannon take any rent after the lease runs out or he or she will be creating a month-to-month tenancy, which requires notice to terminate
The landlord accepts the tenants notice to end the lease. If the tenant gives the landlord notice that he or she will be moving out, but her or she does not, then the landlord can file an unlawful detainer case right away. The tenant works for the landlord and lives on the property as part of the job: The landlord can file an unlawful detainer case without notice as soon as the tenant does not work for the landlord anymore.

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Evidence To Show For Lease Violations

If you are evicting the tenant for lease violations, for example, noise complaints, unauthorized pets, or property damages, itâs important to show proof from any of the following methods:

Security Cameras – If you have a surveillance system that can show them committing the crime or lease violation, itâs safe to say you will normally win this dispute.

Video – If you didnât catch them in the act, the next best thing is to record a video with your phone of any damages or the lease violation.

Pictures – They say a picture is worth a thousand words. In this case, a picture could be worth thousands of dollars! Even if you take a video, itâs important to show the Judge any pictures too as itâs usually easier to see by email or printed.

Lease Terms – Once again, show the court which term they violated in their lease agreement. Donât worry if you donât have every single term spelled out in your rental agreement. If the violation is bad enough, it might not be needed to have it written. As a good practice though, start adding all of the potential reasons to evict a tenant into your agreement, potentially for future situations with similar violations.

Violating The Rental Lease Agreement

Your tenants signed a rental lease agreement and must uphold their responsibilities under the terms of the agreement.

If your tenants violate any terms and conditions in their lease agreement, you can issue a 3-Day Notice to Cure Violations or Move Out to resolve the issues and avoid eviction.

Here are examples of tenant violations:

property damage
owning a pet if itâs not allowed
exceeding the number of residents allowed

Take note that illegal activity would not fall into another category.

The landlord may proceed with the eviction process after their tenants failed to comply with the compliance notice.

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Filing A Motion To Obtain Judgment And Get A Judgment For Possession

Before you can evict your tenant, you have to wait for the legally required âanswer period,â which can be anywhere from 5-15 days. If the tenant didnât respond to your eviction complaints, you would win the case and get a default judgment.

If the tenant didnât respond, the landlord has a few options:

The landlord can ask for a default judgment without a hearing, which can take anywhere from a few days to weeks, depending on the judicial officerâs schedule.

The landlord can get an immediate order of possession from the clerk of the court office. This is only applicable if the landlord is not asking for money back.

These two options will not allow the tenants to defend their case if they appeal to remain in the rental unit.

How Should A Notice To Vacate Be Given To A Tenant

Free Eviction Notice Template California Of 3 Day Notice form ...

There are very specific laws a landlord in California must follow to serve any notice to a tenant formally, including this Notice to Perform. If these laws are not followed strictly and to the dot, a subsequent court action may be dismissed, resulting in the landlord needing to start over from scratch .

In general, a landlord can serve the notice themself but follow the correct procedure, document how the notice was served at the time of service, and keep accurate paper copies of their records. Some types of service require both physically handing the notice to someone as well as mailing, and posting the notice. Many landlords end up hiring professional process servers to serve the initial notice to pay or quit to minimize the chances of future delays.

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Next Procedure If The Tenant Disagreed And Replied

Tenants have five business days to respond and another ten days for delivery by mail to complete the 15 days to respond before the hearing process.

Upon receiving the tenantsâ response, the landlord will file a request for a hearing in court. The hearing will be scheduled within twenty days after the hearing request was made.

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