Sometimes, a tenant is current in their rent so you cannot evict them with a 3 Day Notice to Pay Rent or Quit. Occassionally, a tenant will be violating a term of the lease, such as having a pet when the lease prohibits animals, in which case a 3 Day Notice to Perform Covenant or Quit would be appropriate.
If the tenant is doing something that cannot be fixed, then a landlord may be able to serve the California tenant with a 3 Day Notice to Quit. This notice does not allow the tenant to fix the problem. It requires that the tenant either move within 3 days or face an eviction with the court. A California 3 Day Notice to Quit can only be used in certain instances and legal counsel should be consulted.
This kind of notice is used if there have been ongoing problems with a tenant who:
- Causes or allows a “nuisance” on the property;
- Uses the property to do something illegal (like sell drugs);
- Threatens the health and safety of other tenants or the general public;
- Commits waste (damage) that lowers the value of the property significantly;
- Moves in other tenants (subtenants) without the landlord’s permission.
The notice must:
- Be in writing;
- Say the full name of the tenant or tenants;
- Have the address of the rental property;
- State the details and dates of each incident that created a nuisance, waste (damage), or illegal activity, or the subletting of the propety to others;
- Say clearly that the tenant has to move out within 3 days; and
- Be signed by the landlord or his or her agent and state the date of the notice.
For additional information, visit the Law Office of David Piotrowski.
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