Thirty (30) Day Eviction Notice for CaliforniaA 30-day eviction notice is required on a month-to-month or expired lease. You are required to wait 30 days before you proceed with filing a lawsuit. Download this free 30 day eviction notice below. Show
THIRTY (30) DAY NOTICE TO VACATE
To Tenant: _________________________________________________________________________________________ Pursuant to California Civil Code Sections 1946 and 1946.1, a residential landlord may terminate a month-to-month lease by giving the tenant at least thirty (30) days’ notice in writing, unless the tenant has resided on the property for longer than one year. PLEASE TAKE NOTICE: You are a tenant under a rental agreement, expired or current, entered into on _______________ between you and your landlord ________________________________________ regarding the property described as _____________________ _______________________________________________________________________________________________. This document is intended as a notice of at least thirty (30) days to terminate your month-to-month tenancy. Your landlord elects to, and does hereby declare a forfeiture of said rental agreement. On or before the date of _________________________________, a date at least thirty (30) days after service of this notice, you are to vacate and deliver possession of the rental property to the landlord or _________________________________. The amount of rent due prior to the date to vacate is the prorated amount of $________________, due on or before _________________. The landlord acknowledges the prior receipt of a security deposit in the amount of $__________. You have the right to request and be present for an inspection of the rental property to be conducted within two weeks of expiration of this notice to vacate. The inspection is for the purposes of providing the tenant with an itemized statement of deductible chargers for repairs and cleaning and allowing an opportunity to remedy deficiencies and avoid a deduction from the security deposit. Within 21 days after you vacate, the landlord will provide a written statement explaining any deductions from the deposit and a refund of any remaining amount. [California Civil Code Section 1950.5] If you fail to vacate and deliver possession of the rental property by the specified date above, legal proceedings will be initiated against you to regain possession of the premises and to recover any past rent owed, and possibly costs, attorney’s fees and damages in the amount of up to $600. A judgment against you will appear on your credit report for seven years. Signed: __________________________________________ ________________________ Any [GREEN] highlighted language is intended to be filled in by the user. Any [YELLOW] highlighted language is considered optional or conditional by the attorney community. Consult with an attorney before using this document. This document is not a substitute for legal advice or services. Refer to our Terms of Use for more details. This form has been prepared for general informational purposes only. It does not constitute legal advice, advertising, a solicitation, or tax advice. Transmission of this form and the information contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship. You should not rely upon this document or information for any purpose without seeking legal advice from an appropriately licensed attorney, including without limitation to review and provide advice on the terms of this form, the appropriate approvals required in connection with the transactions contemplated by this form, and any securities law and other legal issues contemplated by this form or the transactions contemplated by this form. What is a 30 Day Eviction Notice?A 30-day eviction notice is a document that a landlord uses to evict a problem or non-paying resident. A property owner uses a 30-day eviction notice when they need to remove a tenant from the property. The notice gives the resident 30 days to leave or to correct the situation. Landlords serve notices for many reasons. The most common one is the failure to pay rent. Another common cause is that the tenant violates the rental agreement. This involves things like committing illegal acts or not maintaining the property. Eviction notices go by many names, including:
When Should You Use an Eviction Notice?You almost always need a reason to use a 30-day eviction notice. State laws vary, but not having a reason for an eviction may open you up to a lawsuit. Common reasons to serve an eviction notice include:
What constitutes breaking a rental agreement depends on the terms. A tenant who brings a pet to a property where pets aren't allowed has broken the rental agreement, as has a tenant who allows extra people to stay on the property. Clearly understanding the reasons for the eviction is an important part of serving an eviction notice. Most circumstances leading to an eviction notice can be corrected by the tenant. A Pay Rent or Quit notice can be canceled if the tenant pays. A Cure or Quit Notice can be canceled if the tenant corrects the broken rule. For example, they could give up the pet or make the extra guests leave. Unconditional rent notices can't be corrected. Landlords serve these when they absolutely want to remove a tenant. Causes for an unconditional rent notices include:
When to Avoid an Eviction Notice?There are circumstances where you cannot use an eviction notice. First, you can't evict someone based on discrimination against a particular race, religion, or creed. Second, you can't evict a tenant as a means of retaliation. If a tenant has angered you but has not broken the lease agreement or failed to pay rent, you are not allowed to evict them. Some states have rent controlled apartments. Depending on your state, there are very specific rules for evicting rent control tenants. You should check the laws in your state before evicting a rent controlled tenant. Types of Eviction NoticesThere are several types of eviction notices. They differ in length and usage. Although a 30-day notice is standard, there are others a landlord can choose. The lengths and usages are as follows:
In states that allow you to evict without cause, use the 30 or 60-day notice, depending on your lease type. Information to Include in Your Eviction NoticeAn eviction notice must contain the right information and follow government rules. First, an eviction notice must be in writing. It must include the following information:
An eviction notice that doesn't contain this information may be dismissed in court. Eviction LawsuitsUnfortunately, tenants do not always obey eviction notices. When a tenant ignores a notice, it usually results in an eviction lawsuit. Landlords have to file suit at the county courthouse. A court summons is given to the tenant. Landlords who win an eviction lawsuit get a court order for possession of their property. However, they still cannot remove the tenant themselves. This is known as self-help eviction, and it is illegal. The landlord has to pay a sheriff or marshal to remove the tenant. The hired sheriff notifies the tenant that they must leave the property in a set number of days. If they don't leave willingly, they will be physically removed by the sheriff. 30 Day Eviction Notice FAQ
Find an Attorney for AdviceLike most legal matters, writing a 30-day eviction notice is easier with the help of an experienced attorney. Find the right one for your 30 day eviction notice by searching UpCounsel. The attorneys you'll find on the UpCounsel marketplace can help you write an eviction notice and then handle your eviction lawsuit if necessary. List your job with UpCounsel today and find a great attorney at a great price. Was this document helpful? Share it with your network! How do you give a 30The notice must:. Be in writing,. Say the full name of the tenant or tenants,. Have the address the notice is about,. Say that the month-to-month tenancy will end in 30 days if the landlord is giving a 30-day notice or in 60 days if s/he is giving a 60-day notice, and.. Have the landlord's signature and date of the notice.. Do I have to give a 30Unless the rental agreement provides a shorter notice period, a California tenant must give their landlord 30 days' notice to end a month-to-month tenancy. Tenants should check their rental agreement to see if it requires giving notice on the first of the month or on another specific date.
Can I be evicted right now in California 2022?Your landlord must apply for rental assistance by March 31, 2022 before they can try to evict you through the courts for failing to pay your rent.
How do I terminate a monthUnder California state law, a landlord can terminate a month-to-month tenancy by serving a 30-day written notice if the tenancy has lasted less than one year, or a 60-day notice if the tenancy has lasted more than one year.
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