As professional landlords, it is our job to accommodate the needs of a diverse array of tenant types. More often than not, the relationships that we foster with our clientele remain both pleasant and professional. Certain situations, however, warrant direct action on our part. Destructive or delinquent tenants can have a pronounced effect on both the value of our respective properties and the reputation of our personal brands. The eviction process is part and parcel of the industry. Today we’re going to examine that process through the lens of the different eviction forms in California.
Let’s begin with the most basic of eviction forms necessary in California’s court system. It should be noted that any time you initiate an eviction proceeding, it involves a systematic process in which the prescribed legal steps must be followed exactly.
Our first type of Californian eviction form is the 3-day notice. Additionally, there are three different types of 3-day notices, including:
- The 3-day notice to pay
- The 3-day notice to perform covenants
- The 3-day notice to quit
Let’s take a nuanced, granular look at each.
3-Day Notice to Pay or Quit
If you have a tenant who is unreliable when it comes to their monthly rent, a 3-day notice to pay is the best legal tool you have available. When their lack of payment has reached a point where it is detrimentally impacting your business, this is the appropriate eviction notice to file in California.
To be valid, the notice must include key information, such as:
- The tenant’s name and rental address
- The amount owed
- The date that payment is due
- Instructions for successfully completing that payment
Eviction terms are built into this type of Californian eviction form. If payment still hasn’t been received after the 3-day notice expires, the tenant must quit this premises.
3-Day Notice to Quit
The 3-day notice to quit is a similar type of eviction form in California to the 3-day payment notice, without the payment steps involved. To understand this type of form, let’s look at a hypothetical situation.
Let’s say you have a tenant who engages in loud and/ or destructive behavior on your rental property. For example, they regularly have illegal items stored on the premises, and have made no attempt to remedy the situation. In this case, a 3-day notice to quit is the most appropriate recourse. This type of form requires you as a landlord to list out the infractions that violate the rental agreement, including the times and dates of those infractions, as well as the tenant’s name and rental address.
3-Day Notice to Perform Covenants or Quit
The final type of 3-day notice represents middle ground between the other two. While it may sound serious in nature based on its title, this type of Californian eviction form leaves the most space to preserve your working relationship with your tenant.
A 3-day notice to perform covenants means that the tenant has broken the rental agreement in some way, but the infraction is not so severe that it can’t be fixed. For example, housing an animal in a pet-free building would constitute a fixable situation.
This type of eviction form must list what the infraction is and what the tenant must do in order to remedy the situation. If they do not comply within three days, the eviction can proceed.
30-Day Notice to Quit and 60-Day Notice To Quit
While 3-day notices are appropriate for emergency situations, there is another class of eviction notice forms in California that address non-emergency situations. The 30-day notice is the first of these.
In some instances, you as the landlord might want to terminate a rental agreement altogether, and you can do so as long as certain procedures are followed. For example, in a city that is not rent controlled, you can provide a 30 or 60-day notice for any reason. Rent controlled cities are trickier, however, as they require that you state a concrete reason for the eviction right on the notice.
The 30-day notice is used for tenants who’ve rented from you for less than a year. The 60-day notice is applicable for tenants that have rented from you for a year or more.
90-Day Notice to Quit
The final type of eviction forms in California is the 90-day notice to quit. This type of notice to quit is only used in a very specific situation: Section 8 (subsidized) housing.
With this eviction form, the landlord must provide a clear reason for filing the form. The 90-day notice also provides ample time for this type of tenant to secure other living arrangements.
Using the Correct Eviction Form in California for Your Specific Needs
To some extent, it is our duty as professional landlords to ensure the safety and wellbeing of the tenants who call our properties “home.” While it’s a serious task, it’s not without its own set of limitations.
When the situation calls for direct action, landlords need to know what their rights are, and what the best course of action is. The eviction notice forms listed above each have their own use. It’s up to you to apply them correctly and judiciously. If you’re struggling to find the right course of action, or with filing eviction forms in California, SueYa can help. Register with SueYa today to get started.