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Evictions

Evictions are court-administered proceedings for removing a tenant from a rental unit because the tenant has violated the rental agreement or did not comply with a notice ending the tenancy (also called an “unlawful detainer” lawsuit). If a landlord is trying to evict you there are certain requirements, they must follow before they can remove you from a rental unit.

Types of Evictions and the Eviction Period

One of the most important aspects of the eviction process is the type and length of eviction notice that must be provided to the tenant. The following are the different types of eviction notices that a landlord can serve to a tenant in California:

Notice to Pay or Quit

A notice to pay or quit is served when the tenant has failed to pay rent on time. The notice must specify the amount of rent owed, the due date, and a deadline by which the tenant must pay the rent or vacate the premises. In California, the notice period is typically three days.

 

Notice to Cure or Quit

A notice to cure or quit is served when the tenant has violated the terms of the lease agreement, such as by causing damage to the property or engaging in illegal activities. The notice must specify the violation and a deadline by which the tenant must correct the violation or vacate the premises. In California, the notice period is typically three days.

 

Unconditional Quit Notice

An unconditional quit notice is served when the tenant has engaged in serious violations of the lease agreement or California law, such as by causing significant damage to the property or engaging in criminal activity. Unlike other types of notices, an unconditional quit notice does not allow the tenant to cure the violation. In California, the notice period is typically three days.

 

Notice to Terminate Tenancy

A notice to terminate a tenancy is served when the landlord wants to end the tenancy agreement without any specific reason. In California, the notice period depends on how long the tenant has lived in the rental property. If the tenant has lived in the property for less than one year, the notice period is 30 days. If the tenant has lived in the property for one year or more, the notice period is 60 days.

 

It's important to note that eviction notices must be served properly and in accordance with California law. The notice must be written, signed by the landlord, and include the date it was served to the tenant. The notice must also be delivered to the tenant in person or by mail.

 

Eviction Notice Requirements

If you receive an eviction notice, make sure that it meets ALL the following notice requirements first! You don’t need to leave your rental property immediately if you have received an eviction notice.

All eviction notices must:

  1. Be in Writing.
    1. The notice must be in writing and contain specific information such as the reason for eviction, the date the tenant must vacate the property, and the landlord’s contact information.

 

    1. Here is a sample letter template to send to your landlord as soon as possible to let them know that you will continue to stay in your home if they gave you an eviction notice verbally or over the phone.

 

  1. Proper service.
    1.  The landlord must serve the notice to the tenant in the proper manner, either by personal delivery, certified mail, or posting on the property. Text, email, or any other form of electronic communication, that notice is NOT valid.

 

    1. Here is a sample letter template to fill and give to your landlord if they have improperly serviced you with an eviction notice.

 

  1. Correct Notice Period.
    1. The landlord must provide the tenant with the correct amount of notice before initiating eviction proceedings. The notice period depends on the reason for eviction, such as non-payment of rent, violation of lease agreement, or expiration of lease.

 

Domestic Violence, Sexual Assault, Human Trafficking, Stalking or Elder Abuse Exemptions Against Evictions

Separate and apart from the Tenant Protection Act, landlords are prohibited from evicting a tenant (or refusing to renew a tenant’s lease) based on acts of domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse committed against the tenant where the tenant:

has obtained a restraining order or police report that is not older than 180 days.

does not live with the abuser.

The landlord may evict the perpetrator of the acts, but not the victim, under California law.

If the reason the landlord has given for terminating your tenancy is an act of domestic violence, sexual assault, human trafficking, stalking, or elder/dependent abuse committed against you, explain that to the landlord. For instance, if there was a loud argument and broken window that disturbed other tenants, and the cause of it was an act of domestic violence, the tenant should not have to leave if they take steps to remove the abuser and not allow the abuser to return to the unit.

 

Note: This is information accessible to the public and does not constitute legal advice nor counsel. For more information or to discuss this topic in depth, schedule a meeting with the Law Clinic.