Before moving forward with an eviction in California, you must fill out and serve a 3 day eviction notice. The 3 day eviction notice notifies the tenant that they have engaged in a lease violation. Most often, that violation is failure to pay rent. The notice gives the tenant three days to correct the violation, pay rent, and get back in good standing. Landlords are required by law to accept any attempt from the tenant to pay back-owed rent during this period, but if the tenant does not get their account back in good standing, it is within the landlord’s rights to move forward with the eviction process.
Following the legal eviction process is essential when you need to remove a tenant from your property in California. A formal eviction can take 30-45 days or longer. If you fail to follow the full legal process, including giving notice, appearing at the court date, and going through the trial process, it can further delay your ability to remove a tenant who has violated their lease.
Understanding the Grounds for a 3 Day Eviction Notice in California
There are several circumstances under which you have grounds to file a 3 day eviction notice, including:
- Nonpayment of rent (this is the most common reason for eviction).
- Lease violations (including things like having pets or using a residential property for commercial use).
- Ongoing nuisance.
- Use of the unit for unlawful purposes, including criminal activity.
- Refusal to allow the landlord to enter the property under lawful circumstances.
The eviction notice is a legal, written deadline by which tenants must take action in order to remain on the property. If they fail to take the required steps, from removing an unapproved pet to catching up on late rent, you can move forward with the eviction process. As the landlord, you may need to provide evidence that shows you have legal grounds to evict a tenant, including evidence of how the tenant violated the lease. At SueYa, we can help ensure that you have all your documentation in order and that you have included all necessary information on the eviction notice.
Obtaining the Official 3 Day Eviction Notice
SueYa has everything you need to fill out and serve a California 3 day eviction notice. We will make sure you have the most up-to-date version of the form so that you can be sure you’re in compliance with California law and legislation. In order to ensure legal compliance, it is critical that you use the official form. While landlords have the right to evict tenants who do not follow the terms of the lease, if you do not follow the correct legal steps, you can end up unable to remove the tenant from your property, or forced to delay the process unnecessarily. SueYa will ensure that you have correctly filled out, served, and issued the notice to maximize your odds of moving the tenant out as quickly as possible.
A Step-by-Step Guide to Filling Out the Eviction Notice
When you fill out the eviction notice, you must be ready to provide several key pieces of information:
- Tenant information and details about the property, including the address.
- Specific reasons for the eviction, including non-payment of rent or known lease violation.
- Clear and concise details about the violation, including any necessary documentation.
At SueYa, we ensure that you adhere to California eviction laws and language requirements, putting together a document that clearly lays out grounds for eviction.
Serving the 3 Day Eviction Notice Properly
You have several options for methods of service:
- Personal delivery.
- Substitute service.
- Posting and mailing with proof of delivery.
You must serve the tenant with the complaint within 60 days of filing the eviction case at the appropriate courthouse. Make sure you keep a record of the service as proof that you’ve followed the correct process.
Legal Considerations and Tenant Rights
After you have served an eviction notice, tenants can appeal to extend their stay by up to 40 days. This extension gives the tenant up to 40 days to move out of the property. Landlords cannot shut off utilities, change locks, or remove personal property for any reason. Instead, they must bring in the sheriff to remove a tenant who refuses to leave the property.
Tenant’s Response and Next Steps
After a tenant receives an eviction notice, they have the right to contest the lease violation or remedy the lease violation in an effort to stay in the property. Contesting the lease violation may mean that you need to go to court to argue your case. SueYa can help ensure that you have taken care of all the critical details and respond correctly after your tenant reacts to the lease violation.
Let SueYa Handle Your Eviction
Dealing with an eviction can prove incredibly complicated, and if you fail to take all necessary legal steps, you may be unable to evict the tenant from the property. At SueYa, we can help with the eviction process, ensuring that you include all necessary information and do not miss out on critical steps that can help you protect your rights. Contact us today to learn more about our services.