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California Eviction Notice

California landlords may evict tenants who fail to pay rent or otherwise violate the terms of their lease agreements. As a landlord, however, you must follow certain steps before you can evict a tenant. A tenant must be given proper notice before the eviction process can begin under California law. The California Eviction Notice can help you start the eviction process. Giving your tenant an Eviction Notice, also known as a 3-Day Notice or Notice to Quit in California, is the first step in attempting to remove a tenant from a rental property.

You may use the California Eviction Notice if:

• Your tenant has failed to pay rent.
• Your tenant has violated any provision of the lease or rental agreement.
• Your tenant materially damaged the property.
• Your tenant is a nuisance or has caused trouble among other tenants.
• Your tenant has used the property for illegal activity.
• The landlord wishes to terminate a month-to-month tenancy.

The length of time it takes to evict a tenant really depends on the circumstances of each particular case. What is the cause for the eviction? How long has the tenant been renting? Does the tenant have a short-term or long-term lease? It also depends on whether the eviction is contested, meaning the tenant is fighting the eviction, or uncontested.

After an eviction lawsuit is filed, it will typically take about 45 days for an uncontested eviction and 60 to 75 days for a contested eviction.

California law requires a landlord to give a tenant proper notice before the eviction process can begin. The amount of notice that must be given depends on the type and length of rental arrangement. It will also depend on whether there is a "cause" for eviction. A legal cause for eviction may include unpaid rent or violations of the lease agreement.

A 3-day eviction notice must be given for "cause" evictions. During those three days, the tenant must either pay any rent that is due or stop any violations of the lease agreement. For example, if a tenant has a pet in violation of the lease, then the tenant must remove the pet within the 3-day notice period. By the end of the three days, if rent isn't paid or the violation isn't fixed, then the landlord can file an eviction lawsuit, which is also known as an unlawful detainer suit.

If the tenant committed a specific, serious violation, then a 3-day unconditional quit notice will be given. In this instance, the tenant does not have the option to fix the violation. The tenant must move out within three days or face an eviction lawsuit.

A landlord must give a 30- or 60-day notice for tenants who are renting on a month-to-month basis. Tenants who have lived in the rental unit for less than one year should be given a 30-day notice while tenants who have lived in the rental unit for more than one year should be given a 60-day notice.

Before the eviction process can begin, a 3-day notice will be given to tenants who have not paid rent or have violated the lease and rental agreement. After the 3-day period, the landlord can then file an eviction lawsuit if the tenant has not paid the rent or come into compliance with the lease and rental agreement.

If a tenant does not pay rent after being given a 3-day notice, the landlord can choose to file an eviction lawsuit, also known as an unlawful detainer suit.