Common Eviction Notices Before a landlord can file an eviction lawsuit against a tenant they must first abide by the applicable notice requirements. The type and content of the eviction notice depends on the city/county in question. If the tenant does not vacate within the specified notice period a landlord can thereafter file an eviction / unlawful detainer lawsuit. The most common notices are:
An eviction notice to "pay or quit" relates to non-payment of rent. Once served with such an eviction notice a tenant has exactly three calendar days--that is, 72 hours--to pay the amount of back rent demanded in the notice. Because the eviction notice requirements are strictly construed, failure to pay within this time period - even by a day, could provide sufficient grounds for a landlord to file an eviction lawsuit. Note that a landlord cannot include late fees in a Three Day Pay/Quit Notice.
A three-day notice to "cure or quit" commonly is served in situations where a landlord believes a tenant to have breached a term of an existing lease agreement. Some common grounds for this type of eviction notice include: subletting in violation of your lease--including renting your apartment on AirBnB; storing personal belongings in common areas; having pets when the lease does not allow for pets; causing excessive noise or otherwise causing or allowing to exist a "nuisance." In these instances, you must "cure" the purported violation within 72 hours or an owner may proceed with an eviction lawsuit.
In limited cases, a landlord may serve a three-day notice to quit, without the option to pay or cure the alleged violation. This type of eviction notice is meant to be used for very serious breaches of the lease, such as conducting an illegal business or in situations where there is no way to cure the alleged violation.
Under state law a landlord must provide a minimum of sixty days written notice in order to terminate an existing tenancy of one year or longer. In many parts of California there are no eviction control measures, which makes defending an eviction lawsuit very difficult. Where a landlord is not required to provide a reason for an eviction they simply need to be able to show the provided proper eviction notice. In certain circumstances tenants in these situations may have a defense based on retaliation.
In San Francisco a landlord must provide sixty days written eviction notice for any Owner or Relative Move-In Eviction prior to initiating an eviction lawsuit
For evictions under the Ellis Act, a landlord is required to provide 120 days written notice prior to filing an eviction lawsuit. Elderly and/or disabled tenants may be entitled to a full year notice, though such tenants must inform their landlord in writing of their entitlement to additional time.
If you have received an eviction notice it is imperative that you speak to someone before the notice period has lapsed to best evaluate your options. To discuss your eviction notice with an experienced tenant attorney contact us today.
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