How Much Notice Must a Landlord Give in a California Eviction?
A California landlord must adhere to California's landlord and tenant laws when he is taking legal action against a tenant. The laws describe the circumstances that a landlord needs to give a notice for, such as eviction or lease termination. This set of laws also mandates a specific amount of notice time so the tenant may take appropriate action.
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Types
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A landlord has several different types of eviction notices he can send in the state of California, depending on the eviction circumstances. The initial notice is sent prior to filing any paperwork through the court. This notice terminates the lease and gives the tenant a notice period prior to the lease termination to move out or address the problem. The types of eviction notices range from a three-day notice to pay rent or quit to a 90-day notice to quit.
Time Period
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A common notice is the three-day notice to pay rent or quit and the three-day notice to perform to covenants or quit. Covenants refers to the housing association or lease clauses the tenant must follow in order to avoid a breach of contract situation. A three-day time period is also used in situations where a tenant is performing illegal activities on the property, damages the property or is a threat to himself, the landlord or other residents.
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Legal Issues
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California does not require a specific legal form to be used for the termination notice. The notice does need the reason for the lease termination, the subject property, the tenant and landlord name, and the notice period. According to the California Courts, the notice must be in written form, have the tenant's name and address listed, the termination reason, a remedy to the problem if applicable, the date the notice was given, the date that the lease terminates, and the name and signature of the landlord.
Remedies
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Certain termination notices may have a remedy to re-establish the lease. A remedy usually applies to the three-day notice to pay rent or quit and the three-day notice to perform to covenants or quit. The landlord gives the tenant the ability to reinstate the lease by paying back rent or following any lease clauses the tenant is violating.
Procedure
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The landlord or an agent of the landlord must serve the tenant with the notice. The landlord may choose one of three types of allowed service or attempt to deliver the notice with all three methods. The first is called hand delivery, where the landlord hands the notice to the tenant directly. Substitute service is when the landlord has to give the notice to another individual in the household. The third method involves posting the notice on the property, usually the front door. The landlord follows up both the second and third methods by mailing the notice to the residence.
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