To be a landlord in California, you need sound knowledge of the legal system, especially the landlord-tenant laws. If you have tenants residing in your property, but you have found their behavior or actions to be untoward, prompting you to evict them, you just cannot walk up to them and throw them out. There is a proper legal system to be followed as a proper course of action.
The first thing you need to do is write up and file an eviction form with the clerk of court. One such type of notice is the express eviction form. It has to be served to every tenant and has to be framed correctly. Failing to do nullifies the notice and makes it void. A nullified notice can be raised as an important point of defense by the tenant. The court can also dismiss your case on the basis of an inaccurate procedure presentation. Thus, the credibility of an eviction form is very crucial. In the following article, the different types of eviction forms are discussed in detail.
Different types of express eviction forms
3-Day Notice to pay rent or quit: This notice is appropriate for a tenant who hasn’t paid their rent on time. Extracting rent can be quite a hassle, but it can be done legally by serving the 3-Day Notice to Pay Rent or Quit. The notice is pretty self-explanatory. It means that the tenants have three days to pay their rent or they will have to vacate the occupancy. Failing to comply with the notice will label the case under Unlawful Detainer, and the following course of action has to be taken to get back the rightful possession.
If a tenant refuses to pay the rent and vacates the property within three days, they are still liable for a legal notice for non-payment of rent that they should have cleared before leaving. Thus, the legal proceedings are pretty straightforward. If you want to have this notice at hand, you can simply Download a Free 3-Day Notice to Pay Rent or Quit Now. That link is to the Express Evictions website, a law firm that helps landlords evict problem tenants for a reasonable fee.
Three-Day Notice to Perform Covenant: This notice is served to the tenant who has breached the contracts in a written lease agreement, and the breach needs to be set right within three days. The breach not only includes the non-payment of rent but may also involve keeping an unauthorized pet, not paying the utility charges, or issues with the security deposit as well. The main criteria that differentiate this notice from the others are that a clause has to be cited in the written legal tenant notice to become functional. If the tenant fails to take care of the breach promptly, within three days, they are liable to face more legal actions.
Thirty-Day Notice to Terminate Tenancy: This notice is served to tenants to give them 30 days’ time to vacate a property if the owner wants to regain possession of it. Generally, it is applicable to month-to-month tenants. If a tenant is a “tenant at will,” even they can be served this notice. The tenant is responsible for paying the monthly rent under the notice period, even if the tenants vacate before the 30 days are up. If the tenant refuses to leave even after 30 days, the landlord can initiate an Unlawful Detainer case where the matter is heard in court. The landlord also does not need to specify reasons for asking the tenants to leave. A cause is not absolutely compulsory.
60-Day Notice to Terminate Tenancy: The 60-day notice can be served on a tenant who has been residing in your property for more than a year if you want them to vacate for whatever reasons. The notice period is an extended 60 days instead of the normal 30. The normal rules apply here as well. The tenant has to pay the rent of the notice period completely, irrespective of premature evacuation. Forced unlawful occupancy beyond the 60 days will again convert it into Unlawful Detainer, and the landlord can enforce their entry into the property. This type of notice also doesn’t need any explanation by the landlord to the tenant, and they can serve it if they want to regain the property for whatever reasons.
90-Day Notice to Terminate Tenancy: The last type of eviction form is served to tenants who reside in a property that is subsidized by the state or federal government. One major difference is that valid cause has to be given by the landlord for the reason of termination.
Now that you about all the eviction forms, choosing the right one should become easier and more convenient.