A California eviction notice is an official letter that a landlord sends to a tenant if the tenant violates the terms of the lease agreement. The main task of such a letter is to encourage the tenant to correct violations or leave the premises (apartment, office, or house). If the tenant refuses to comply with the requests, the landlord may apply with the California Supreme Court.
The eviction process itself takes place based on a court decision. Either the parties agree and come to a compromise, or they execute the court order without fail.
You can create a personalized California Eviction Notice Form using a specialized document builder that will get you through the process step by step:
You can also download a free California Eviction Notice Form template as a PDF file to fill and print it out yourself:
Eviction Notice Types in California
Below are the types of California eviction notices with a brief description of the essence:
- 3-Day Notice to pay or quit
- 3-Day Eviction notice for non-compliance (curable and incurable)
- 30-Day Eviction notice
- 60-Day Eviction notice
- 14-Day Notice to quit
The first version of the eviction letter assumes the following: the landlord requires the tenant to pay the overdue rent within the specified period. The set time is three days. Regardless of the circumstances, the lessor must send such an official document to the lessee and give three days to fulfill the requirement.
The following type of this letter has specific uses. Landlords use it in case of violation of the terms of the lease agreement by the tenant. This type assumes the ability to resolve the situation. The landlord gives the tenant time to solve the problem, to propose an action plan to resolve the dispute. There is also a type of such notice that excludes any dialogue between the parties. In case of violation of the rules, the tenant must leave the premises.
Finally, the last two types of eviction notification have the following specifics. The landlord must notify the tenant 30 or 60 days in advance that it is necessary to move out of the premises.
California Eviction Laws and Requirements
In California, there are laws regulating the relationship of people in the rental industry. The California Civil Procedure Code of 1931 contains information about the obligations and rights of the parties, the contract’s terms, and other subtleties.
To apply to the court, read the CPC in advance, namely, paragraphs 1063-1822.60 and 1132-1179.15 of the third chapter. So, all rent terms (the amount and the date of payment) are accepted by two parties. If the tenant pays the rent three days later than the due date, the landlord has to charge an additional percentage.
You may find the answers to all questions regarding the notices of delay and non-payment of rent in the Civil Procedure Code of 1931, paragraph § 1161(2) and § 1161(3). Accordingly, paragraph § 1946.7 refers to the type of notification regarding domestic violence, and § 1946.1 article states the complete termination of the lease.
You must use a PDF format or a Word document to write a notification. Do not forget to sign and specify the date of filling it out.
What Is the Eviction Process in California
Here is a quick guide to applying for eviction notice and the legal process:
1. Send an eviction notice to the tenant
The first step is to inform the tenant that you want to file an eviction notice with the court. The choice of the type of letter depends solely on your personal goals and motives.
2. Wait for a response from the tenant
The landlord must give the tenant time to respond to the eviction notice. This period is from three days or more, depending on the type of document.
3. Fill out and submit the documents to the court
If the tenant does not respond to the letter, you may submit the necessary documents to the district court for trial. Here is a list of documents required for this:
- Form UD-100
- Form CM-010
- Form SUM-130
Finally, describe the reasons for the eviction, the tenant’s violations, and neglect of obligations under the lease agreement.
4. Send copies of the documents to the tenant
Despite the conflict situation, the landlord must send copies of all documents to the tenant. So, the tenant learns about the beginning of the trial and, perhaps, will go to dialogue. You need to send the tenant a Proof of Service form filled out by a court employee.
5. Get the UD-105 Form
The tenant has five days to file a response the Form UD-105 to the lawsuit. If the tenant has received the documents by mail, the response period is to 15 days.
6. Request a court decision
After a lengthy legal process, request a court decision. If the tenant does not respond to any of the letters, the court makes a default decision. Here are three documents about the court decision that the landlord should request:
- CIV-100
- UD-110
- EJ-130
7. Inform the county sheriff
The final stage is to provide information to the county sheriff. This person will deal with the further issue and enforce the court order.