EVICTION NOTICE SUMMARY

RE:  EVICTION NOTICE SUMMARY (RESIDENTIAL TENANCIES)

I am receiving an increased number of calls concerning eviction notices.  The following summarizes the basic notice requirements in California.

30-Day Notice:    Required to terminate residential month-to-month tenancies of a year or less (i.e. tenant has resided at the property for 12 months or less).

60-Day Notice:    Required to terminate residential month-to-month tenancies of a year or more (i.e. tenant has resided at the property for 12 months or more).

90-Day Notice:    Required to terminate any tenancy following foreclosure sale (does not apply to owners who remain after foreclosure sale, only to tenants).  Required to terminate Section 8 tenancies.

3-Day Notice to Pay or Quit:
Requires tenant to either pay rent or vacate the property within three (3) days.  Landlord can pursue unlawful detainer at the end of three (3) days.  Used when tenant fails to pay rent.

3-Day Notice to Quit:
Requires tenant to vacate in three (3) days.  Landlord can pursue unlawful detainer at the end of three (3) days.  Used when tenant remains after end of a lease or when owner remains after foreclosure sale.

3-Day to Cure Breach:
Requires tenant to cure any breach of the lease within three (3) days.  Used if tenant is required to either do something or stop from doing something under the lease.

Counting the Days of Notice:
Notice begins on the next day after the Notice is served.   If Notice is served on Monday, the first day is Tuesday.  Weekends and Holidays count, but the last day of any Notice may not fall on a weekend or holiday.  If it does, the last day of that Notice will carry over to the next weekday.

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