Thirty (30) Day Eviction Notice for California
A 30-day eviction notice is required on a month-to-month or expired lease. You are required to wait 30 days before you proceed with filing a lawsuit. Download this free 30 day eviction notice below.
To Tenant: _________________________________________________________________________________________
Pursuant to California Civil Code Sections 1946 and 1946.1, a residential landlord may terminate a month-to-month lease by giving the tenant at least thirty (30) days’ notice in writing, unless the tenant has resided on the property for longer than one year.
PLEASE TAKE NOTICE:
You are a tenant under a rental agreement, expired or current, entered into on _______________ between you and your landlord ________________________________________ regarding the property described as _____________________ _______________________________________________________________________________________________.
This document is intended as a notice of at least thirty (30) days to terminate your month-to-month tenancy. Your landlord elects to, and does hereby declare a forfeiture of said rental agreement.
On or before the date of _________________________________, a date at least thirty (30) days after service of this notice, you are to vacate and deliver possession of the rental property to the landlord or _________________________________.
The amount of rent due prior to the date to vacate is the prorated amount of $________________, due on or before _________________.
The landlord acknowledges the prior receipt of a security deposit in the amount of $__________.
You have the right to request and be present for an inspection of the rental property to be conducted within two weeks of expiration of this notice to vacate. The inspection is for the purposes of providing the tenant with an itemized statement of deductible chargers for repairs and cleaning and allowing an opportunity to remedy deficiencies and avoid a deduction from the security deposit. Within 21 days after you vacate, the landlord will provide a written statement explaining any deductions from the deposit and a refund of any remaining amount. [California Civil Code Section 1950.5]
If you fail to vacate and deliver possession of the rental property by the specified date above, legal proceedings will be initiated against you to regain possession of the premises and to recover any past rent owed, and possibly costs, attorney’s fees and damages in the amount of up to $600. A judgment against you will appear on your credit report for seven years.
Owner/Manager/Attorney for Landlord Date
This form has been prepared for general informational purposes only. It does not constitute legal advice, advertising, a solicitation, or tax advice. Transmission of this form and the information contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship. You should not rely upon this document or information for any purpose without seeking legal advice from an appropriately licensed attorney, including without limitation to review and provide advice on the terms of this form, the appropriate approvals required in connection with the transactions contemplated by this form, and any securities law and other legal issues contemplated by this form or the transactions contemplated by this form.
What is a 30 Day Eviction Notice?
A 30-day eviction notice is a document that a landlord uses to evict a problem or non-paying resident. A property owner uses a 30-day eviction notice when they need to remove a tenant from the property. The notice gives the resident 30 days to leave or to correct the situation. Landlords serve notices for many reasons. The most common one is the failure to pay rent. Another common cause is that the tenant violates the rental agreement. This involves things like committing illegal acts or not maintaining the property.
Eviction notices go by many names, including:
Notice to Vacate Letter
Notice to Quit
Eviction Notice Letter
Notice to Vacate Premises
Rental Eviction Notice
When Should You Use an Eviction Notice?
You almost always need a reason to use a 30-day eviction notice. State laws vary, but not having a reason for an eviction may open you up to a lawsuit. Common reasons to serve an eviction notice include:
Rent has not been paid (Pay Rent or Quit Notices)
Rent is consistently late (Unconditional Quit Notices)
The tenant has damaged the property (Unconditional Quit Notices)
The rental agreement is broken (Cure or Quit Notices)
What constitutes breaking a rental agreement depends on the terms. A tenant who brings a pet to a property where pets aren't allowed has broken the rental agreement, as has a tenant who allows extra people to stay on the property. Clearly understanding the reasons for the eviction is an important part of serving an eviction notice.
Most circumstances leading to an eviction notice can be corrected by the tenant. A Pay Rent or Quit notice can be canceled if the tenant pays. A Cure or Quit Notice can be canceled if the tenant corrects the broken rule. For example, they could give up the pet or make the extra guests leave.
Unconditional rent notices can't be corrected. Landlords serve these when they absolutely want to remove a tenant. Causes for an unconditional rent notices include:
Multiple late rent payments
Major damage to the property
Repeated rental agreement violations
Serious illegal actions, like drug dealing
When to Avoid an Eviction Notice?
There are circumstances where you cannot use an eviction notice. First, you can't evict someone based on discrimination against a particular race, religion, or creed. Second, you can't evict a tenant as a means of retaliation. If a tenant has angered you but has not broken the lease agreement or failed to pay rent, you are not allowed to evict them.
Some states have rent controlled apartments. Depending on your state, there are very specific rules for evicting rent control tenants. You should check the laws in your state before evicting a rent controlled tenant.
Types of Eviction Notices
There are several types of eviction notices. They differ in length and usage. Although a 30-day notice is standard, there are others a landlord can choose. The lengths and usages are as follows:
3 to 5 Day Notice: This notice is for when rent is not paid on time. The notice must say how much is due, and it must also be clear that the tenant must leave if they do not pay. A landlord must cancel the notice if the tenant pays. If they don't pay, they can be evicted. Many local laws demand more than five days. Be sure to know the rules in your area before serving a notice.
7 Day Notice: These notices are for week to week leases. These can be ended whenever the landlord chooses. When a property owner wants to end a weekly lease, they serve this notice.
10 Day Notice: Ten-day notices are for lease or rental agreement rule breaking. The notice should say what rule was broken and when. Tenants can't usually prevent this notice from being completed. This depends on the area where you live. Chicago laws allow tenants to fix the situation during the ten-day period.
30 Day Notice: These notices are for monthly leases. Failure to pay rent usually triggers them. The last day of the notice period should be the last day of the lease. This means the notice is served 30 days before the next rent payment is due. If rent is accepted, a new notice must be served.
60 Day Notice: This type of notice is for a yearly lease. It has certain restrictions. These 60 day notices must be served at least four months before the lease is set to end. Leases that state an end date do not require notice. They can simply be allowed to expire. If a tenant has given up their rights to a written notice, landlords do not need to serve a notice.
90 Day Notice: This one is for when a building goes into foreclosure. There are different rules for serving a 90-day notice depending on the circumstances of the foreclosure.
In states that allow you to evict without cause, use the 30 or 60-day notice, depending on your lease type.
Information to Include in Your Eviction Notice
An eviction notice must contain the right information and follow government rules. First, an eviction notice must be in writing. It must include the following information:
The address of the property
The name of the tenant and the landlord
The amount of rent due if you're serving a five-day notice
The rule that was broken if it's a ten-day notice
A clear statement that the tenant needs to leave the property
How many days the tenant has before they need to leave
The landlord's signature
The date of the notice
How the notice was served
Identification of the person who served the notice
An eviction notice that doesn't contain this information may be dismissed in court.
Unfortunately, tenants do not always obey eviction notices. When a tenant ignores a notice, it usually results in an eviction lawsuit.
Landlords have to file suit at the county courthouse. A court summons is given to the tenant. Landlords who win an eviction lawsuit get a court order for possession of their property. However, they still cannot remove the tenant themselves. This is known as self-help eviction, and it is illegal.
The landlord has to pay a sheriff or marshal to remove the tenant. The hired sheriff notifies the tenant that they must leave the property in a set number of days. If they don't leave willingly, they will be physically removed by the sheriff.
30 Day Eviction Notice FAQ
How Should a Notice Be Delivered?
- There are multiple delivery options. You can deliver the notice in person to any resident over the age of 13. Notices can also be delivered by certified mail. This provides proof it was received by the tenant.
Can You Evict a Roommate?
- Yes, sometimes. If a roommate has lived with you long enough, they have tenant's rights. You need to serve them an eviction notice to make them leave your home. Forcing them out without notice may make you vulnerable to legal action.
Is an Attorney Required?
- No. Eviction notices are fairly standard. As long as the right information is there, you don't need a lawyer. However, hiring one is wise. A lawyer makes sure your notice is written correctly. They can also help you prepare for an eviction lawsuit.
Is an Eviction Notice Worth the Effort?
- In most cases, yes. Serving an eviction notice either results in you receiving your missing rent or allows you to evict your problem tenant so that a new renter can move into your property.
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