San Diego Landlords: 3, 30, 60, And 90 Day Notices. All That You Need To Know About Them Is In This Free Report.

San Diego Landlords: 3, 30, 60, and 90-Day Notices. All That You Need To Know About Them Is In This Free Report.

by

Howard F. Burns, Esq.

Almost every eviction case in California (an unlawful detainer in California legal parlance) has one thing in common: it began with a notice to the tenant. Which notice the landlord serves depends upon the reason for terminating the tenancy. This article will provide an overview of the types of tenant notices most typically used in California.

The most common notice is the 3-day notice to pay rent or quit which the landlord serves when the tenant has failed to pay rent by the time specified in the lease. The tenant has three days after service of the notice to pay the rent, in full, or his tenancy is over and the landlord may evict. If the landlord elects to evict, the landlord must not accept any rent after expiration of the 3-day notice or he waives his right to evict the tenant based upon that particular default in the payment of rent.

A 3-day notice to cure or quit is used when the tenant has breached a term of the lease other than the non-payment of rent. Typical examples of such a breach would be when the tenant is keeping unauthorized pets at the premises or has more people residing at the premises than the lease allows. In such a case, the tenant has three days to cure, i.e. correct, the breach or the landlord may file an eviction case.

If the tenant has breached the lease in a way that cannot be corrected (a non-curable breach) such as seriously damaging the property, then the landlord may serve a 3-day notice to quit. In such a case, the tenant does not have a right to cure and must move out within three days. If the tenant fails to do so, the landlord may file his eviction case.

Other common notices are the 30-day or 60-day notice to quit which are served when the landlord elects to terminate a month-to-month lease. A 30-day notice is used when the tenant has resided at the property for less than one year. A 60-day notice is used when the tenant has lived in the property for one year or more.

If the tenant does not move out at the end of the notice period, the landlord may file an eviction case. One caveat, if you have a tenant who has lived at your property for years, consult with an attorney before terminating the tenants month-to-month lease. If you live in a jurisdiction with rent control or eviction control ordinances, special rules may apply.

Bear in mind that, whichever notice that you use, there are content and method of service requirements that will be strictly enforced by the court. For the latest, most up-to-date forms, I recommend a company called nolo or forms available through the San Diego Apartment Association. If you are an inexperienced landlord, you may want to have an attorney prepare and serve the tenant notice. Most attorneys in San Diego will perform that service for approximately $150.00 including the process servers charge.

In the case of a tenant remaining after foreclosure, the matter becomes a little more complicated. If the tenant was the prior owner, then the new owner need only serve a 3-day notice to quit. However, if the tenant remaining after foreclosure is not the prior owner, then recent state and federal laws require that either a 60-day or 90-day notice to quit be served on the tenant. In certain circumstances, the tenant may be allowed to stay the remainder of his lease term even if it exceeds 90 days.

If you do acquire a property after foreclosure and there is a tenant living at the premises, I strongly recommend that you consult with an attorney to determine whether a 3-day, 60-day, or 90-day notice must be served on the tenant.

Mr. Burns is a real estate, business, and employment litigation attorney in San Diego, California. Mr. Burns has practiced law in San Diego for over 20 years during which time he has successfully represented landlords in hundreds of commerical and residential eviction cases. If you have any questions, please contact Mr. Burns at (619) 243-1757.

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San Diego Landlords: 3, 30, 60, and 90-Day Notices. All That You Need To Know About Them Is In This Free Report.