California law requires landlords to provide tenants with proper notice to end a tenancy. Landlords can seek legal action against a tenant who fails to adhere to such notice. Failing to provide proper notice allows tenants to remain in the rental unit.
Contact San Diego Esquire for more information on how to evict a tenant in California. We provide affordable legal services to landlords. We can draft a tenancy termination notice on your behalf or file an unlawful detainer action. Our flat fee services start at $125. Read on to learn more about California tenant eviction notice requirements.
How to End a Periodic Tenancy
A California landlord can end a periodic tenancy by providing a tenant with proper written notice. If the tenant has lived in the rental for more than one year, the landlord must provide the tenant with a written 60-day notice that the tenancy will terminate. The landlord can provide a written 30-day notice to the tenant if the tenant has lived in the rental unit for less than one years;
The landlord does not have to provide a reason for ending the tenancy in the notice. The notice can be served by certified mail to the tenant or by hiring a process server.
A tenant who receives a 30 or 60-day notice must leave the unit before the notice period expires. The landlord can file an unlawful detainer motion if the tenant fails to leave within the specified time.
Three Day Notices
Landlords are usually required to provide a 30 or 60-day written notice to the tenant to terminate a tenancy. However, a landlord can terminate a tenancy by giving the tenant only three days advance written notice if any of the following has occurred:
- The tenant failed to pay rent;
- The tenant violates a lease agreement provision;
- The tenant materially damages the rental property;
- The tenant repeatedly causes a nuisance to the other tenants;
- The tenant abuses or assaults another tenant; or
- The tenant uses the rental property for unlawful purposes;
If the tenant fails to move out or cure the issue addressed in the notice, the landlord can file an unlawful detainer action against the tenant. The tenancy can continue once the issue is cured. The three-day notice begins the day notice is served. The three-day notice can be served as follows:
- Personal service
- Substituted service on another person
- Posting and mailing the notice
Contact San Diego Esquire for more information on how to provide notice of eviction to a tenant in California. We provide affordable legal document preparation services to California landlords. Sign up today to get started.