Welcome to Smith & Associates

Q. I want to serve my residents with a thirty day notice to vacate. Do I have to tell them why I want them to move?

A. No. In fact, it's a good idea not to tell your residents the reason, just as they will be more likely to argue with you and contest the eviction. If they keep pressing, it is best to explain to them that under California law you are not required to give them a reason. Just as they are not required to give you a reason if they want to move.

Q. My tenants are in the third month of a six month lease. They are causing all kinds of problems with other residents. Can I give them a thirty day notice to vacate?

A. No. If your tenants are on a lease, you cannot serve them with a thirty day notice to quit. Instead, you may want to consider serving them with a three day notice to cure breach or quit if they are violating a provision of the lease (i.e., disturbing other tenants by playing their stereo too loud or keeping a dog when the lease prohibits pets). Incidentally, not being able to use a thirty day notice to vacate is one of the big disadvantages of the lease (instead of a month-to-month rental agreement). It's much easier to evict a tenant with a thirty day notice to quit than a three day notice to cure breach or quit.

Q. Can I serve my residents with a thirty day notice to vacate and a three day notice to pay rent or quit at the same time?

A. There is nothing to prevent you from doing this but we do not think it's a good idea, and here's why. If your residents pay the amount demanded in the three day notice, they could argue that by accepting the rent, you have waived your right to evict them based on the thirty day notice. They could also argue they were confused and believed that if they paid the rent they would be permitted to stay. To solve this potential problem, we suggest that you first serve a three day notice to pay rent or quit (assuming the rent is unpaid). If your residents do not pay their rent within the three day period, you proceed on the three day notice. If they do pay, you serve the thirty day notice and proceed on it (when the thirty days have expired). You are entitled to receive the rent even though you have served them with a thirty day notice. Just be sure you do not accept rent for any period beyond the expiration date of the thirty day notice.

Q. Are there any situations in which I would not want to serve my residents with a thirty day notice to quit?

A. Yes. You want to be very careful about using a thirty day notice if your resident (a) had recently complained to the building inspector about defects in the premises; (b) had recently requested you make repairs in the premises; or (c) had recently made repairs on the premises and deducted the cost of those repairs from the monthly rent payment. There are other situations as well. If you served your resident with a thirty day notice to quit under these circumstances, your resident would likely claim a retaliatory eviction. If your resident prevailed, you could be liable for damages. Thirty day notices in these situations need to be modified - spelling out the "non-retaliatory" good faith reasons why you want possession.