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3-Day 30-Day and 60-Day Eviction Notices in California | 714-442-9741

3-Day 30-Day and 60-Day
Eviction Notices in California

Responding to 3-Day 30-Day and 60-Day Eviction Notices in California

 

Making sense of 3-Day, 30-Day, and 60-Day Eviction Notices in California doesn’t have to be confusing. This guide breaks it down. 

In California, landlords have the option to provide tenants with a 3-day, 30-day or 60-day eviction notice, depending on the situation:

A 3-day notice can be given for severe violations like criminal behavior, major property damage, or illegal activity taking place on the property. 

A 30-day notice is for month-to-month rental agreements under 1 year. Finally, a 60-day notice applies to month-to-month tenancies exceeding 12 months.

Should the landlord decide to proceed with eviction after issuing the relevant notice, the typical process goes as follows:

Step 1 – The landlord provides the completed eviction notice to the tenant in writing. 

Step 2 – If the tenant fails to respond within the designated period, the landlord can launch court eviction proceedings. 

Step 3 – Once served with the court eviction filing, the tenant then has 5 days to submit their official court response. 

Step 4 – Both parties present evidence in court and a judge makes the final ruling, either allowing or dismissing the eviction case.

It’s important to note that in calculating the notice timeline, the day the notice is received does not count. 

For example, if a tenant receives notice on Monday, Tuesday becomes day 1. Additionally, deadlines falling on holidays, weekends, or Sundays roll over to the following business day.
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3-Day 30-Day and 60-Day Eviction Notices in California

Demystifying California Eviction Notices: 3-Day 30-Day and 60-Day Eviction Notices

A 3-day notice can be given to a tenant for severe violations like criminal behavior, excessive property damage, or illegal activities. This notice gives the tenant just 3 days to fix the issue before eviction proceedings can begin.

A 30-day notice is commonly used for month-to-month tenants who have lived on the property for less than a year. This notice gives them 30 days before they have to vacate the unit.

Finally, a 60-day notice must be used for month-to-month tenants who have rented for over a year. This longer notice period gives long-term tenants additional time to find new housing.

If the last day of the notice period falls on a weekend or holiday, the tenant has until the next business day to respond before the landlord can file for eviction. The day the notice is received does not count towards the notice period. Overall, California eviction law aims to give tenants adequate warning and time to address issues or find new housing before facing formal eviction.

Understanding Eviction Notices in California

Navigating the eviction process in California can be confusing for landlords and tenants alike. This guide breaks down the most common types of eviction notices used in California, explains what information these notices must contain, and outlines key deadlines for tenants to respond.

Whether you are a landlord preparing to serve a notice or a tenant who has received one, this article will help you understand your rights and responsibilities under California eviction law.

 

Types of Eviction Notices in California

California eviction law provides for several types of notices that can start the eviction process. The most common include:

This section will outline the different notice types so readers understand the timeline and reasons each one is used.

3-Day Notices

A 3-day notice is the fastest type of eviction notice in California. Landlords typically use 3-day notices when:

  • The tenant has failed to pay rent
  • The tenant has violated the lease or rental agreement
  • The tenant has damaged the property or committed a nuisance

Read on to learn key details like what must be included in a valid 3-day notice and how timing deadlines work.

30-Day and 60-Day Notices

30-day and 60-day notices allow landlords to end month-to-month tenancies when there isn’t a reason like nonpayment of rent. The length depends on how long the tenant has lived on the property:

  • 30 days for less than 1 year
  • 60 days for more than 1 year

Up next, we’ll cover what information all eviction notices must include to be legally valid.

3-Day 30-Day and 60-Day Eviction Notices in California

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What Makes a Valid Eviction Notice?

For an eviction notice to be effective in California, landlords must include specific details, regardless of whether it is a 3-day, 30-day or 60-day notice.

Names and Addresses

All eviction notices must identify:

  • The name and address of the landlord or landlord’s agent
  • The name and address of the tenant(s)

Having accurate names and addresses is crucial for proper service of notices. We’ll explain the rules around delivery and service next.

Reason for Eviction

The notice must clearly state why the tenancy is being terminated. For example, notices related to nonpayment of rent must specify:

  • The monthly rent amount
  • The amounts owed
  • Which month(s) the owed rent is for

Nonpayment notices also have additional requirements related to where and when rent can be paid. We’ll cover these payment details shortly.

Deadlines to Respond or Vacate

Notices must provide tenants with clear deadlines for when they need to either fix a lease violation or vacate the property. Common deadlines include:

  • 3 calendar days for 3-day notices
  • 30 calendar days for 30-day notices
  • 60 calendar days for 60-day notices

Once a landlord has served a valid notice, important timing rules apply. Let’s look at how response deadline dates are calculated next.

Counting Days for Notice Deadlines in California

California has specific rules around when the count begins for tenant response deadlines after receiving an eviction notice:

This section outlines how to properly calculate the expiration date based on different notice types.

3 Calendar Days for 3-Day Notices

The count starts on the day after the notice is served. If the final day lands on a weekend or holiday, tenants have until the next business day.

For example:

  • Notice served on Monday, August 10
  • Day 1 is Tuesday, August 11
  • If 3rd day is Saturday, deadline moves to following Monday

Next we’ll explain why longer notices use calendar days while 3-day notices require business days.

Calendar Days for Longer Notices

Counting deadlines work differently for 30-60 day notices. Here every day counts on the calendar, including weekends and holidays.

For example:

  • 30-day notice served on Friday, March 4
  • Tenant must vacate before end of day April 3

Now that you understand notice expirations, let’s get into the proper way to deliver and serve notices.

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Navigating the California Eviction Process

In additional to properly preparing and serving notices, California landlords must adhere to strict procedures when filing an eviction lawsuit and appearing in court.

Serving Valid Eviction Notices

Delivering notices in a legally valid way is crucial to starting the eviction process. California law provides a few options for proper notice service:

Read on for key details on how each delivery method works.

Personal Service

This is hand-delivering a copy of the notice directly to the tenant or roommate. Personal service ensures the tenant has unquestionably received the notice.

For landlords also residing on the property, personal service can provide the best proof of delivery.

Substituted Service

If the tenant is not home, landlords can leave the notice with another resident or competent adult at the rental unit, then also mail a copy via first class mail.

Substituted service combines hand delivery with a follow-up mailing.

Post and Mail Service

When personal delivery attempts fail, landlords can post the notice on the rental property and mail a copy. Notices must be mailed within one day of posting.

While allowed as a last resort, posting alone does not guarantee tenants have received the notice.

Up next you’ll learn what happens once a tenant receives and responds to an eviction notice.

3-Day 30-Day and 60-Day Eviction Notices in California

Filing the Unlawful Detainer Lawsuit

If tenants do not voluntarily move out after the notice period expires, landlords must head to court and start an unlawful detainer lawsuit to force eviction.

The unlawful detainer process involves:

Below are key steps in the court-managed eviction process in California.

Submitting Case Documents

Landlords need to draft the summons and complaint detailing why the tenant should be evicted. Key documents include:

  • A copy of the notice served on the tenant
  • Records showing proper notice service
  • Records related to the tenant’s violation (like rent owed)

Having thorough case files prepared makes presenting your case in court much easier.

Attending the Court Hearing

Both parties must appear at the scheduled eviction hearing, which usually occurs 20-30 days after filing the case. The judge hears arguments and evidence from both sides at this hearing.

The hearing gives tenants a chance to argue against the eviction, either by contesting the facts or raising a legal defense.

Sheriff Carrying Out Eviction

If the ruling favors the landlord, the sheriff serves a writ of possession and returns within 5 days to forcibly evict tenants who still refuse to leave.

This enforcement by the sheriff can only be avoided if tenants voluntarily vacate before the 5 days are up.

Understanding everyfacet of the legal process takes time. Our free eBook summarizes key eviction rules and procedures in California. 

The ins and outs of notices like exact expiration dates, proper service of process, and mandatory court procedures may seem complicated. But having an experienced advisor guide you through prepare your eviction case can make all the difference.

For professional support navigating California eviction rules and processes, contact Martinez Law Center:

Managing Rent Payments and Ending Tenancies as a California Landlord

Collecting rent smoothly and ending rental agreements properly are key responsibilities for landlords in California. Use this guide to understand state laws around rent payment options, partial payments, and terminating tenancies.

Whether you are missing rent checks from a tenant or need to provide notice before showing a unit, having clear policies that align with California law will help avoid disputes down the road.

Collecting Rent Payments

Establishing expectations for when and how tenants should pay rent each month is crucial. As we’ll cover, California provides flexible options:

This section reviews timely collection policies and the multiple payment methods landlords can choose to accept.

Setting a Monthly Due Date

California law doesn’t mandate a standard monthly due date for rent. As the landlord, you can set any fixed date like:

  • 1st of the month
  • 15th of the month
  • A specific day like the 24th

Pick a due date that gives you enough time to follow up if payments are late. We’ll explain enforcement options shortly.

Outlining Payment Options

State laws allow multiple rent payment methods. Besides cash, landlords can enable:

  • Personal checks
  • Money orders
  • Credit/debit payments
  • Online bank transfers
  • Venmo, PayPal, etc.

Providing diverse payment channels makes it easier for tenants to pay on time.

Now we’ll discuss two key policies – partial payments and late fees – that impact rent collection.

Understanding 3-Day 30-Day and 60-Day Eviction Notices

Partial Payments During Disputes

California doesn’t force landlords to accept partial rent payments month-to-month. However, properly handling disputes around late or missing payments is crucial.

This section covers best practices if tenants cannot pay the full amount due.

Avoiding Waived Eviction Rights

If eviction is on the table, be cautious around partial payments. Accepting any rent could invalidate your notice and disrupt the unlawful detainer case.

Consult an attorney before taking amounts less than the full rent stated on your notice.

Payment Plans

Alternatively, consider negotiating a payment plan allowing installments over multiple months. This provides a structured way for tenants facing financial issues to become current on rent.

Payment plans balance compassion with accountability – tenants have clear expectations for getting caught up.

Ending Periodic Tenancies

Unlike fixed-term leases, California periodic tenancies like month-to-month have no set end date. Landlords must properly terminate these agreements with adequate written notice.

Read on for rules and templates to end month-to-month rental agreements.

30 vs. 60 Day Notices

For month-to-month tenants, landlords must provide either:

  • 30 days’ notice if tenant has lived there less than 1 year
  • 60 days’ notice if tenant has lived there 1+ years

The length of tenancy impacts whether 30-day or 60-day notices are required to terminate.

Templates for No-Cause Termination

California 30 and 60 day lease termination notices must identify all known tenants, list the termination date, and be properly served.

Having an attorney review your termination notices before delivery can help avoid procedural mistakes that could disrupt enforcement.

For personalized guidance on California landlord-tenant law around rent payments, tenancy termination, and more [schedule a consultation today.]

With key context on properly collecting rent during active leases and terminating periodic rental agreements, California landlords can feel empowered addressing issues that arise. Don’t leave things open to interpretation or debate – make sure your lease agreements and policies proactively account for state law around payments, notices, and enforcement.

  1. Handling Late Rent Payments

    Even with clear due dates and multiple payment options in place, tenants may still pay late from time to time. Have a plan prepared for enforcing on-time payment.

    This section will cover best practices for following up on late rent to prompt tenants to pay while protecting your rights.

    friendly Reminders

    If rent is just a day or two late, start by sending a friendly email or text reminding tenants of when rent was due and requesting payment ASAP.

    Many tenants simply forget and will pay you promptly once they are reminded. Avoid antagonistic language – initially assume an innocent mistake versus irresponsibility or defiance.

    Professional late notices can come next if initial outreach goes unanswered.

    Late Fees

    To incentivize paying on the due date, many landlords choose to implement and enforce late fees. But California has specific limits on how much can be charged:

    • No more than 6% of the overdue rent amount
    • Only if paying late is at least 5 full days past due

    For a $1,000 monthly rental rate, the late fee would cap at $60 once 5 days lapse after the due date passes.

    Reasonable late charges help offset your lost time while encouraging tenants to budget properly each month.

  1. 3-Day “Pay or Quit” Notice

    If previous efforts to get a tenant to pay late rent fail, a formal 3-day notice to pay or quit can quickly escalate next steps.

    To issue this lawful notice, you must:

    • Accurately state total past due rent
    • List all tenants (and roommates if possible)
    • Provide contact/location for paying

    If full payment isn’t received in 3 days, you can proceed to file for eviction against the non-paying tenants if needed.

    Alternatives to Standard Notice Periods

    California eviction notices must generally give tenants 3, 30 or 60 days to respond before the next steps of forcibly removing tenants through court filings. However, there are certain situations where shorter alternate notice periods apply.

    Read on for examples of scenarios where exceptions to standard notices enable landlords to act more quickly.

    5-Day Notices

    If a tenant is engaging in clearly unlawful activity like selling drugs or threatening violence, landlords can issue a written 5-day notice to stop the behavior or face eviction filings.

    This faster process applies when criminal activity presents imminent danger or community harm. Supporting documentation is very important.

    The 5 days pause illegal behavior while initiating the unlawful detainer process if needed.

3-Day Unconditional Quit Notices

If a landlord has entered a binding purchase agreement with a buyer intending to immediately occupy the property, a special 3-day unconditional notice can be used to clear tenants out.

Since an executed sales contract is required, such notices are rare. But new owners wishing to swiftly move in have this termination option under California state law.

When selling an occupied property, consult your real estate attorney about utilizing this condensed notice timeline if the buyer requests it.

Navigating Security Deposit Deductions

A final area to understand when ending any tenancy is properly accounting for and deducting damages from tenant security deposits. California strictly governs this.

Be sure to follow all requirements outlined below to avoid deposit disputes.

Documenting Deposit Amounts

Under California law, landlords must provide tenants documentation of security deposit amounts paid within 30 days of first receiving the funds.

Returning tenants renewing leases must also receive updated accounting if payment adjustment occur.

Getting deposits tracked and recorded from the start minimizes problems later.

Photographing Condition

Take detailed photographic records documenting the condition of units at move-in and move-out times. Having visual proof of the precise condition a tenant left the property in makes justifying legitimate deduction much easier.

Since California limits non-refundable fees for basic cleaning/repairs at tenancy termination to landlords, ensure you have proper documentation supporting more excessive damage claims if needed.

You’ll be glad to have the before/after images if new tenants damage occurs.

With a plan prepared for security deposits and all aspects of California landlord-tenant relationships, setting clear expectations that align with state law gives your rental business stability. Don’t leave policies open to interpretation – develop solutions for late payments and tenancy termination that balance your rights with showing compassion.

Navigating California Eviction Rules and Regulations

Evicting a non-paying or disruptive tenant in California requires meticulous adherence to state laws dictating everything from proper notice delivery to court-managed removal. This guide covers key eviction guidelines for California rental housing.

Understanding critical requirements around serving notices, filing paperwork, and enforcing court orders will enable landlords to confidently pursue removal while avoiding complications. Whether you manage a 150-unit complex or single family rental, read on to understand the regulated process.

Serving Valid Eviction Notices

Delivering notices in a legally valid way is the crucial first step when starting the eviction process. California provides a few options for proper notice service:

This section outlines accepted notice delivery methods and explains the benefits of each approach.

Personal Delivery

Personal service means hand-delivering a copy of the eviction notice directly to the tenant. Getting the notice straight into the tenant’s hands provides unambiguous proof of receipt.

Having a process server personally hand documents to a tenant offers the best evidence that proper service was completed.

Substitute Service

When the tenant is unavailable for personal delivery, California allows substituted service instead. This involves leaving the notice with another competent adult at the residence and also mailing a copy via first class mail.

Substituted service combines hand delivery to someone on-site with follow-up mailing to provide redundancy that tenants ultimately receive the eviction notice.

Utilizing a substitute process server may be required if tenants avoid personal service attempts.

Posting & Mailing

As a last resort, state laws permit posting the notice on the rental unit if repeated attempts to personally serve tenants fail. However, mailing a copy within one day is still required even when posting.

Taping notices in a conspicuous location doesn’t guarantee tenants have seen them. Follow-up mailing maintains legal protections.

Understanding these rules for delivery before serving notices prevents procedural mistakes down the road.

Overview of California Eviction Courts

If tenants don’t voluntarily vacate after proper notice is given, landlords must advance the case through the court system. The “summary eviction” process used in California involves:

This section provides key context on state courts that oversee eviction cases and renders final removal decisions.

Parties and Paperwork

The eviction lawsuit, called an unlawful detainer (UD), involves just two parties – the landlord as plaintiff/petitioner and the tenant as defendant/respondent. Landlords initiate UD cases by submitting specific paperwork.

Understanding which forms are required to start eviction litigation is essential. Consulting a real estate attorney ensures filings are fully compliant.

Two Phases of Legal Process

California evictions involve an initial court hearing followed by enforcement of judgments. The two components include:

  1. Judicial ruling on rightful legal possession
  2. Sheriff physically dispossessing losing party

The bifurcated process separates deciding right to the unit from forcibly removing holdovers.

Tenant Protections in State Courts

Importantly, the judicial oversight built into every eviction enables tenants to appear and raise defenses against removal. Judges aim to balance property rights with impacts on tenants losing housing.

While expediting case timelines, California eviction courts allow tenant perspectives before approving dispossession by sheriffs.

Gaining context on state legal bodies governing the proceedings will help landlords strategically advance complaints.

Sheriff Enforcement of Evictions

The final step allowing landlords to regain possession of their property utilizes local county law enforcement to forcibly remove tenants if still occupying the unit after a judgment requiring departure.

Understanding precisely how sheriff departments assist with vacating holdover tenants will ensure you know what to expect at the tail end of litigation.

Writs of Possession

If a judge rules in the landlord’s favor at an unlawful detainer hearing, the court will issue a “writ of possession” order against the tenant. This document authorizes the sheriff to support reclaiming the property.

While landlords win ownership disputes at hearings, sheriff writs enable physical tenant displacement if still unlawfully clinging to the rental.

Deputy Removal Process

Five days after receiving the writ of possession, a sheriff’s deputy will visit the property and supervise the parties involved in removing the tenant’s belongings from the unit. A locksmith typically switches locks as well.

If tenants have already vacated when deputies arrive, no removal work will be needed. But sheriff departments stand ready to intervene, ending stubborn illegal occupancy.

Understanding how eviction enforcement utilizes trained law enforcement provides closure once lengthy litigation concludes.

Local Variances in California Eviction Rules

While state statutes provide an overarching framework governing tenant removal processes, cities and counties across California often overlay additional regulations that landlords operating rental properties locally must follow.

This section will highlight some of the major municipal eviction requirements within Los Angeles County specifically.

City of Los Angeles Rent Control

Landlords owning rent-stabilized units in Los Angeles must navigate strict rent control boards and hearings to increase rental rates. Just cause for eviction must also be shown when displacing tenants paying capped rents.

Complying with complex L.A. rent control rules is crucial for avoiding board sanctions. Qualified legal counsel is invaluable.

COVID Emergency Tenant Protections

During the pandemic, many California cities enacted emergency tenant protections, halting evictions except when urgent public safety or health reasons merit displacement.

Checking if transient local laws limit eviction powers ensures you avoid wrongful removal during crises like COVID surges.

While statewide laws provide consistency, additional county and city requirements add complexity to the challenges faced when enforcing evictions locally.

Consequences of Botched California Evictions

Because summary eviction procedures in California ignore typical drawn-out civil litigation timelines, strictly complying with statutes facilitating accelerated tenant removal is crucial.

Not following proper protocols around serving notices, filing pleadings, or working with sheriffs carries serious consequences for DIY landlords.

Get key context below on the repercussions landlords face when procedural prerequisties in the eviction process are ignored or handled improperly.

Loss of Favorable Rulings

If a judge finds a landlord did not properly serve the required eviction notice or filed the unlawful detainer complaint inaccurately, the court will typically rule against the owner and may force starting the entire process over.

Ensuring every detail is handled precisely from the outset prevents losing sight of mere technicalities.

Financial Penalties

Beyond just losing immediate possession rights, California landlords failing to adhere to regulations during attempted evictions expose themselves to steep financial liability.

If improper or unlawful tactics were utilized in an effort to remove tenants, massive civil fines for landlords are possible under state and local laws.

Cutting corners while trying to oust tenants can ultimately backfire through punitive monetary judgments.

With so much on the line legally during regulated evictions, utilize counsel with expertise across California laws, procedures, forms, and policies impacting removing recalcitrant tenants.

The attorneys at Express Evictions stay constantly apprised of updates across frequently changing statutes, ordinances, and codes governing summary eviction rules statewide, so California landlords remain compliant.