Eviction Law in California

In order for a Landlord to begin the eviction process, California law requires all persons residing in the property to be served with a Notice. If preparation or service of the notice is done incorrectly or not at all and the tenant raises it as a defense, the Court will dismiss the Landlord's complaint due to a procedural defect and the tenant will prevail at Court.

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TYPES OF NOTICES

30, 60 or 90-day notice

A landlord who wants to terminate (end) a month-to-month tenancy can do so by properly serving a written 30, 60 or 90-day notice on the tenant. Generally, a 30 or 60 day notice doesn't have to state the landlord's reason for ending the tenancy.

3-day Notices

A landlord can use a written 3-day notice (eviction notice) if the tenant has done any of the following:

  • Failed to pay the rent.
  • Violated any provision of the lease or rental agreement.
  • Materially damaged the rental property ("committed waste").
  • Substantially interfered with other tenants ("committed a nuisance").
  • Used the rental property for an unlawful purpose, such as selling illegal drugs.

 


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