*****Disclaimer: This is not legal advice and is for educational purposes only. This does not create an attorney-client privilege.
A Notice to Quit is an important tool for landlords when dealing with a tenant they are on the brink of evicting or have decided to evict. The California Notice to Quit is a type of eviction notice form used by landlords, property managers, and property management companies to notify tenants that they must either comply with an order, or quit and give up possession of the rental property within a certain period of time. This blog will focus on three day notices to quit in California, of which there are a few varieties.
The Notice to Quit begins the eviction process. It is important to distinguish it from a “Writ of Possession”; those are issued by the court and are legally binding/enforceable. In contrast, a notice to quit comes from the landlord and informs the tenant of the intention of the landlord to begin eviction proceedings if they refuse to leave by the date given on the notice.
There are a few different kinds of notices to quit. They mainly differ on whether their intent is for a tenant to comply with a given term or whether they are a final notice to vacate the premises before formal eviction proceedings begin, with no options to stop the process. I will outline the different types below.
The first is a Three Day Notice to Pay Rent or Quit. With the eviction moratorium going on, this type of notice and ensuing eviction has been on hold for the last year. This kind of notice is used in cases wherein the tenant is behind on rent payments. There are certain standards for this kind of notice. First, it must be in writing, include the name of the tenant(s), and say the address of the rental property. This notice must also the total back rent owed. The due dates of these outstanding payments must be included and those listed cannot go back further than a year, even if the tenant has been missing payment longer. The total also cannot include any expenses, damages etc.; just the unpaid rent.
This notice must also state that the overdue balance must be paid within three days of the notice being issued, and list the date on that notice. You must include the details of when/where the tenant can make that payment prior to the deadline. You can give an address to them if they can pay by mail.
The next type of 3 day notice is the Three Day Notice to Perform Covenants or Quit. Landlords can use this kind of notice if the tenant is violating terms of the lease or rental agreement and the problem can be corrected. For example, if the tenant is not keeping the unit unkempt, moves in a pet that isn't allowed, or is violating some other term of the agreement, the notice must ask the tenant to correct the violation within 3 days or move out (do not count Saturdays, Sundays, or court holidays as part of the 3 days).
Similar to the first type, this notice must include the name of the tenant(s), and say the address of the rental property, and be in writing. This notice will also state specifically how the tenant is in violation of the terms of the lease. Finally it will say what they need to do to comply and that they will need to vacate the premises in three days if they do not comply. Please note with all these examples, the three days don't include weekends or court-recognized holidays.
The final type of 3 day notice does not include any option for the tenant to stop correct whatever issue led to them being evicted. This kind of notice is used in the more severe cases. Examples of what might cause a landlord to issue this type of notice include: when the tenant is a threat to the health or safety of other residents/the landlord; when they are a public nuisance or allow one on the property; when they are engaging in illegal or dangerous activity; when they are subleasing; or when is they are damaging the property and resulting in it losing value.
The standards for this type of notice include like all those above, that they list the tenants name, the rental address and that it be in writing. This notice will need to list all the ways in which the tenant(s) violated the lease and/or deserve a three day notice to quit and states clearly that the tenant must leave at the given date, three days from posting the notice.
Hopefully this gave you a clear understanding of the difference between these kinds of Three Day Notices to Quit. Reach out to Rodriguez Law Group, Inc. for assistance with these and other legal issues.