Drafted Eviction Notices
Don’t be fooled by the free eviction notices you find online. They may be valid, or they may not be valid. Have an attorney draft your eviction notice and be sure you are compliant.
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Drafted Eviction Notices
An eviction notice is a legal document landlords give their tenants to lawfully end tenancy. There are several types of eviction notices that address varying issues, like non-payment of rent, non-compliance of the terms of the lease agreement, and end-of-lease termination. The eviction notice can vary in the notice period, from three (3) days up to ninety (90) days. Collectively, types of documents are known as eviction notices.
Eviction cases involve a number of clearcut issues and whether a notice is drafted properly is one of them. In California, state law requires that eviction notices include certain elements, including “just cause“, or else they are legally defective. A legally defective notice could invalidate an eviction lawsuit (at any time) and a landlord could be deemed the losing party. If this occurs, the landlord could owe the tenant(s) court and attorney fees, and then would have to re-start the eviction process with a new and valid notice, losing both money and time.
Make sure your Eviction Notice is compliant.
Other types of notices/agreements:
Rent Increase Notice
Rent Control Exemption Notice
Change in Ownership Notice
Voluntary Vacate Agreements
3-Day Notice to pay or Quit
This is the most common type of at-fault eviction notice. This is given to a tenant when a tenant has not paid or has paid only a part of the monthly rent.
3-Day notice to cure or quit
This notice is given to a tenant when a tenant is not following a provision in the rental agreement and the problem can be addressed (or cured) by the tenant.
3-Day Notice to Quit
Some violations of a rental agreement are so egregious that a tenant(s) is not afforded an opportunity to fix the problem. A 3-Day Notice to Quit is needed.
30-Day Notice to Quit
A 30-day notice is given to end a rental agreement of less than one (1) year. This notice may require a landlord to state a “just-cause” reason for the eviction of a tenant.
60-Day Notice to Quit
A 60-day notice is given to end a rental agreement of one (1) year or more. This notice may require a landlord to state a “just-cause” reason for the eviction of a tenant.
90-day notice to quit
90-Day Termination Notices are used: 1) to evict a tenant from “Section 8” housing; or 2) to evict a tenant or subtenant for property that was sold in a foreclosure sale.
Eviction Notices