CCP 1161(4), otherwise known as California Code of Civil Procedure 1161(4), discusses the 3 day notice to quit. Unlike other 3 day notices, the CCP 1161(4) notice does NOT allow a tenant to cure the violations. With the CCP 1161(4) notice to quit, the tenant must move within 3 days, and if the tenant does not move within 3 days, the landlord can file an unlawful detainer action in court. This notice must be differentiated from the pay or quit notice and the cure or quit notice.
A 3 day notice to quit per CCP 1161(4) can be served on the tenant in the following instances:
When the tenant is assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of his or her lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose.
In other words, if the tenant is allowing other people to live at the property by assigning or subleasing, or if the tenant is damaging the property and causing the property to lose value, if the tenant is engaging in illegal activities at the property, or if the tenant is causing a nuisance, these would all be grounds for a CCP 1161(4) notice. Before serving such a notice, the landlord should be sure to have clear documentation and evidence to support the statements in the CCP 1161(4) notice.
This article is not meant to, nor does it, explain what information must be on the CCP 1161(4) notice or how the notice must be served. Both the contents of the notice and the service of the notice are critical aspects to a successful eviction case, so landlords should seek legal counsel before serving the notice.
The Law Office of David Piotrowski can create and serve a 3 day notice to quit on a tenant in accordance with the rules found in Code of Civil Procedure 1161(4).
Read more on CCP 1161(4) here.
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