In case of a yearly or longer residential lease, if you need a tenant in California to move out, you can give them a Three-Day Notice to Quit or Pay Rent. It is very common for landlords to send tenants such notices, and you need to know how to proceed if you do it yourself. There are many reasons for sending a notice to quit to a tenant. Some examples include if a tenant moves a pet in that is prohibited by the lease agreement, the tenant causes damage to the property, he moves in too many roommates, or he is committing crimes on your property.
While preparing and writing the notice, you must list of some details, like the tenant’s name and the reason for requiring him to move out. The notice must be legally served, and there are strict laws around service of notices in California.
If the tenant broke the terms and conditions you both agreed to in the lease or is not paying the rent or not paying it on time, you have the right to send the notice to quit. Before jumping into the process of serving notice on the tenants, it is necessary for you to include the reasons for the eviction.
About the Notice to Quit
A notice to quit is the formal, legal document from the landlord to the tenant telling him he must move out. So, before a landlord files an action against a tenant, he must be certain the notice includes everything the law says it must include. Look for further details on writing and serving the notice at https://expressevictions.com/. That website explains all you need to know in California about the Three-Day Notice to Quit or Pay Rent.
Why do you need to serve notice to the tenant to quit?
Generally, you can find a lot of reasons to send the notice to tenants in order to quit. Once the terms and conditions are broken or rent isn’t paid, then is your chance to serve the notice. It makes sense that a landlord serve notice if he can prove fault by the tenant.
If the landlord does not have documentary proof of failure to pay rent, for example, and it goes to court, the judge may throw the case out and allow the tenant to stay. If the landlord prevails, the sheriff’s office will move the tenant out of the property. Many times the case does not even get to court; the tenant gets the notice and just moves out.
Whose name should be added on the notice?
When writing the notice, include the name of all the adult tenants. Also, you must add the address of the rental property. Before serving notice on the tenant, the signature from you or your representative is always vital.
How to issue the notice to the tenants to quit or pay rent?
Be aware of that each and every state is different, and the law must be followed carefully. So, before going to send the notice, it is important for you to check the eviction laws of a particular state. For information, some of the states demand the landlord’s representative serve the notice to quit. In California, you can even send certified mail to the tenant instead of visiting the person directly to provide notice in hand.
When should you issue the notice?
If the notice isn’t written correctly and served according to law, the tenant need not move out if he points out the faulty documentation to the judge. Some cases have dragged on for years, though this is rare.
As stated, the first thing you need to do is serve the formal notice to the tenant to quit or pay rent. If the tenant does not make good on the rent even after receiving the notice, then the landlord can move to have the tenant removed.
Once the notice is issued to the tenant, the landlord has to wait to wait until the deadline mentioned in the notice, If the tenants agree to pay the rent on time, then they can stay on your property. However, there could be a chance that a tenant may fight the notice in court to get more time than the given deadline.
It is important for landlords to be thoroughly versed in how to write and service notices and then how to present the case in court, if it gets to court. If you, as a landlord, are not familiar enough with the process and law to get the tenant out on the first try, then we urge you to hire a lawyer to do it for you. The longer a non-paying tenant stays in your rental property, the more it will cost you.