The landlord must find out if the unit is in a rent-controlled city, and if so, whether he or she has the right to evict the tenant. In rent-controlled cities however, a landlord cannot cancel a month-to-month tenancy for just any reason. In non rent-controlled cities, you usually do not have to give a specific reason for eviction with this letter. How Does Rent Control Impact the Use of a 30-60 Day Notice to Vacate? Whether or not the 30-60 Day Notice is or is not for cause – and only in rent-controlled cities does the reason for the eviction be required to be stated with this form – it sets the clock in motion as to when tenancy is formally ended and an Unlawful Detainer action may be filed in court to get the tenant legally removed by a sheriff. It may be due to the landlord reclaiming the property for a condo conversion where that is allowed which would not be for cause on the part of the tenant.
What are the Reasons for Eviction? On the other hand, a 30-60 Day Notice to Vacate may – or may not be for cause. In either case, if these letters are ignored, the landlord can then start the Unlawful Detainer process in court. Other violations of the rental agreement are not correctable, like a 3 Day Notice to Vacate that can be served for illegal activity on the property like selling drugs and they are required to leave or face legal action to remove them. Or a 3 Day Notice to Pay Rent or Vacate gives the tenant the option to pay rent and they can stay. For example, a dirty tenant whose junk is negatively impacting others and are required to clean-up their mess or quit the tenancy. Some allow for correction of the issue like a 3 Day Notice to Cure or Quit warning the tenant that they must correct a breach of the rental agreement or their tenancy will be ended. 3 Day Notices are to initiate evictions for cause and they take different forms. In these instances, the landlord is required to first serve the tenant with a 3 Day Notice in which the tenant is warned they are in breach of the rental agreement and they must take action within 3 days or have further legal action taken against them. Most evictions are for “cause” – which means they are the result of some violation of the rental agreement by the tenant such as not paying rent. How Does a 30-60 Day Notice Differ From a 3 Day Notice? However, its use for evictions without cause can be limited in cities with rent control where the reasons for the legal grounds for eviction must be stated that are crucial to understand before serving the notice or face serious violations of rent-control city ordinances in California. In most instances this would be the eviction letter to use for evictions without cause. For example, if a landlord would like to get his rental unit back to have a relative move in, this would be considered without cause because there was no action on the part of the tenant which caused the eviction to go forward. A landlord 30-60 Day Notice to Vacate can be served in California for either “cause” – which means the tenant has done something that is in violation of the rental contract like not paying rent or allowing another tenant who is not named on the rental contract to move in that caused the eviction procedure to begin – or “without cause” where the eviction was not the result of the tenant’s action.
Most evictions begin by serving either a 3 Day, 30 Day or 60 Day letter stating tenancy is formally ended on the specified date. Legally serving this letter is often the first step initiating the removal of the tenant under the California Eviction Process. Landlords are prohibited by law from any “Self-help” do it yourself evictions without a court judgment and a peace officer doing the final tenant lockout. It is not until the expiration of the 30 or 60 days after the letter has been served that an Unlawful Detainer Lawsuit may be filed against the tenant in court to get a judgment that can be legally enforced by a sheriff.
The letter is exactly the same form with the only difference being the amount of time required by law before a tenant is required to be out based upon how long they have been a tenant. A landlord is required to use a 60 Day Notice in California if the tenant has been renting for a year or more and the landlord wants the tenant to move out. What is a 30-60 Day Notice to Vacate in California?Ī landlord can use a 30 Day Notice to end a month-to-month tenancy if the tenant has been renting for less than a year.
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