Eviction Notices and Types of Service
California law states that a tenancy may be terminated by proper
written notice that is correctly served on the tenant. Common types
of eviction notices are:
1. Three Day Notice to Pay Rent or Quit
This notice must be used when the tenant violates the
agreement by failing to pay rent when due. The rent stated in the
notice must be exact - do not include late charges or other
non-rental requests.
2. Thirty Day Notice
A thirty day notice is served on a regular month-to-month
tenancy. No reason need be given the notice may be served at
any time during the month.
3. Three Day Notice to Cure Breach or Quit
This notice (also known as a perform covenant or quit
notice) is used when you have a violation of the lease other than
non-payment of rent. For example, the tenant may have
unauthorized pets in the premises, is creating disturbances, or has
sublet to another person without your consent.
4. Other Notices
Other notices include nuisance, illegal purpose, foreclosure,
and commercial cases. Make sure you are using the proper
forms. Feel free to give our office a call for legal advice regarding
all notices.
Serving the Notice
Service of any of the above notices may be accomplished in one of
three ways:
1. Personally
Each tenant is handed a copy of the notice. Remember to
keep the original and serve a copy of the notice.
2. Substituted Service
Service by substitution is completed when a person of
suitable age and discretion is given a copy of the notice at the
residence and an additional copy is sent to the tenant's residence
address by normal mail.
3. Post and Mail
This is the least desirable, but the most common type of
service. Under the "nail and mail" procedure, the notice is posted
on the door and another copy mailed the same day by normal mail:
certified or registered is not required. This method is used when
nobody is found at the premises. In the unlawful detainer, the court
will require a declaration of service of notice to tenant. The "proof
of service" is a written statement, under penalty of perjury, detailing
how and when the notice was served.
California law states that a tenancy may be terminated by proper
written notice that is correctly served on the tenant. Common types
of eviction notices are:
1. Three Day Notice to Pay Rent or Quit
This notice must be used when the tenant violates the
agreement by failing to pay rent when due. The rent stated in the
notice must be exact - do not include late charges or other
non-rental requests.
2. Thirty Day Notice
A thirty day notice is served on a regular month-to-month
tenancy. No reason need be given the notice may be served at
any time during the month.
3. Three Day Notice to Cure Breach or Quit
This notice (also known as a perform covenant or quit
notice) is used when you have a violation of the lease other than
non-payment of rent. For example, the tenant may have
unauthorized pets in the premises, is creating disturbances, or has
sublet to another person without your consent.
4. Other Notices
Other notices include nuisance, illegal purpose, foreclosure,
and commercial cases. Make sure you are using the proper
forms. Feel free to give our office a call for legal advice regarding
all notices.
Serving the Notice
Service of any of the above notices may be accomplished in one of
three ways:
1. Personally
Each tenant is handed a copy of the notice. Remember to
keep the original and serve a copy of the notice.
2. Substituted Service
Service by substitution is completed when a person of
suitable age and discretion is given a copy of the notice at the
residence and an additional copy is sent to the tenant's residence
address by normal mail.
3. Post and Mail
This is the least desirable, but the most common type of
service. Under the "nail and mail" procedure, the notice is posted
on the door and another copy mailed the same day by normal mail:
certified or registered is not required. This method is used when
nobody is found at the premises. In the unlawful detainer, the court
will require a declaration of service of notice to tenant. The "proof
of service" is a written statement, under penalty of perjury, detailing
how and when the notice was served.
Rusty Grant, Attorney at Law
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |