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Preparing
the Notice
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:
- 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.
- 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.
- 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.
- 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:
- Personally
Each tenant is handed a copy of the notice. Remember to keep the
original and serve a copy of the notice.
- 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.
- 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.
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