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The only legal way to evict a tenant in California is with a Three-Day Notice to Pay Rent or Quit followed by an unlawful detainer hearing. If a landlord improperly serves a tenant with a Three-Day Notice, the tenant can move for dismissal of the case.
The landlord can fix the improper notice procedure and start the eviction process with a new three-day notice. A better option may be to talk to the landlord and negotiate the dispute without going to court. Many cities offer low-cost mediation services that supervise landlord-tenant disputes.
Explain the Situation Tell your tenant in straightforward terms what the problem is, and explain that they cannot stay on the property any longer. Describe the Consequences Calmly explain that they will be evicted with necessary court orders if they remain on the property.
Be in writing; Say the full name of the tenant or tenants; Have the address of the rental property; Say everything that the tenant did to break the lease or deserve a 3-day notice to leave, and include details and dates; and. Say clearly that the tenant has to move out as soon as the 3 days are up.
Currently, when a landlord gives a tenant a 3 Day Notice to Pay Rent or Quit, the 3 calendar days are counted starting the day after the notice is served.
A few things can happen after you serve a three day notice to pay or quit in the state of California: Tenant cures the situation: The tenant pays rent or otherwise fixes the problem; things go back to renting as usual.
Tenant Responses to a Three-Day Notice The tenant could pay the rent within three days of receiving the notice. If the tenant chooses this do this, the landlord must not proceed with the eviction. The tenant could move out of the rental unit within three days of receiving the notice.
Dear (Name of landlord or manager), This letter constitutes my written (number of days' notice that you need to give based on your lease agreement)-day notice that I will be moving out of my apartment on (date), the end of my current lease. I am leaving because (new job, rent increase, etc.)
California Apartment Association 1, has given tenants in California extra time to respond to most three-day eviction notices. Under the legislation, weekends and court holidays will no longer count toward the three-day notice period and the five-day period for responding to an unlawful-detainer summons and complaint.