California eviction notices

In California, an unlawful detainer action is the trade word for eviction, and this comes with many procedural requirements that must be followed to the letter, beginning with a properly prepared and served eviction notice.

Although the state has carefully prescribed steps for transitioning tenants out, the law has become balkanized, with many localities having their own eviction notice requirements. If the property is located in a jurisdiction with a more strict regulatory regime, housing providers are governed by the local rules.

Types of Notices:

3-Day Notice to Pay Rent or Quit: The tenant has three days to pay the rent or vacate.

3-Day Notice to Cure or Quit: Used for curable violations like unauthorized pets, subletting, playing loud music at night, and so forth.

3-Day Notice to Quit: Used to initiate the eviction process for reasons other than non-payment of rent. It's a more aggressive notice than the "3-Day Notice to Pay Rent or Quit." With a "3-Day Notice to Quit," the tenant is informed that they have three days to vacate the premises and that there's no opportunity to remedy the situation. This notice should be used when there is egregious conduct like violence, drug dealing, committing waste, and so forth. When in doubt, contact Bornstein Law to get a gut feeling on whether a violation is curable or not.

Weekends and court holidays do not count. For example, if we were to serve a notice on a Friday and Independence Day is on Monday, the earliest we could file an eviction action is on Thursday of the following week. Importantly, tenants in some locales like San Francisco and Oakland are afforded additional time to cure certain violations.

30-Day or 60-Day Notice: For month-to-month tenants. A landlord does not need to state a reason if the tenant has lived in the dwelling for less than one year, a 30-day notice is used. If the tenant has lived in the dwelling for one year or more, a 60-day notice is used.

90-Day Notice: For tenants with Section 8 or other government-subsidized housing.

No-Cause Notice: It's worth noting that, under the California Tenant Protection Act, many tenants cannot be evicted without "just cause" if they've lived in the unit for over 12 months. This means you may not be able to simply end a month-to-month tenancy without a specific reason after this time period.

Proper service of the notice ensures that the tenant has been adequately informed of the landlord's intentions and gives them the opportunity to respond. There are several ways to serve an eviction notice in California.

Personal Service: This means handing the notice directly to the tenant. It's the most direct method.

Substituted Service: If you cannot find the tenant after a reasonable attempt (usually three or more times), you can serve someone of suitable age and discretion living at the property. If you use substituted service, you must also mail a copy of the notice to the tenant at their address.

Post and Mail Service (or "Nail and Mail"): If you cannot serve the tenant personally or through substituted service, you can post the notice in a prominent location on the property, such as the front door, and mail another copy to the tenant at their address.

Document the Service

» Note the date, time, and method of service.

» If possible, have a neutral third party witness the service. This person can be crucial if there's a dispute about whether the notice was properly served.

» If possible, take photographs of the notices posted at the location.

» If you used substituted service or post and mail service, remember to send the additional copy via regular mail and keep a record.

Complete a Proof of Service:

» After serving the notice, you should fill out a "Proof of Service" form (sometimes called a "Declaration of Service" or "Affidavit of Service"). This document indicates when, where, and how the notice was served.

» If substitute notice is served, if possible, make a note of the physical description of the person served, especially if they refuse to give their name.

» Keep this form with your records. If you end up going to court, this document will be essential in proving that the tenant was properly notified.

Please use updated eviction notices tailored to where the property is situated

A recurring theme in our practice is landlords using stale, outdated notices that are oftentimes downloaded from the internet. The law is in a constant state of flux, many municipalities have enacted their own notice requirements, and so it is best for rental housing providers and property managers to be tethered to an attorney who practices landlord-tenant law on a daily basis.

With offices in San Francisco and Oakland, Bornstein Law is the foremost practitioner in managing landlord-tenant relationships throughout the Bay Area for the better part of three decades, with a strong preference to lower the temperature of the dispute and resolve the matter as quickly and inexpensively as possible, taking into account time, risk, and attorneys’ fees. For informed advice, start a dialogue.