Before a landlord can evict a tenant, he or she generally must first give the tenant written notice. However, if youâre a landlord, you may need the help of an Orange County eviction attorney to figure out which notice to give. Only if a tenant fails to perform what the notice asks, can a landlord begin the formal eviction process by filing an unlawful detainer action in a California Superior Court.
Different Types of Notices
- 3-Day Notice to Pay Rent or Quit. This is the notice used when a tenant fails to pay rent. The notice must specify how much rent the tenant owes and the dates from which the rent is owed. The tenant has three days from the date of receiving the notice to pay rent or move out. Our Orange County eviction attorney wants you to keep in mind that the notice can only go back one year for unpaid rent.
- 3-Day Notice to Perform Covenants or Quit. This notice is used if a tenant breaks the terms of the lease but can resolve the problem. For example, this notice may be used if a tenant owns a pet in a pet-free building. The tenant will have three days to remove the violating condition (that is, getting rid of the pet), or else the tenant will have to move out. The notice must specify the problem and specify that the tenant will have an opportunity to resolve the issue.
- 3-Day Notice to Quit. This notice is used for a tenant who has had ongoing problems, such as conducting criminal activities on the property. Our Orange County eviction attorney knows that the tenant typically will not have an opportunity to resolve the problem but is instead simply being notified that he must vacate the premises. The notice must detail the reason for the violation and state clearly that the tenant must move out in three days.
- 30-Day or 60-Day Notice to Quit. A 30-day notice is typically used to end a month-to-month lease, while the 60-day notice is used to end a lease that has been ongoing for over a year.
Contact an Orange County Eviction Attorney
If you are having problems with a tenant and want to initiate the eviction process, you will need to give proper notice. Contact Schiff & Shelton, Attorneys at Law, at (949) 417-2211 to learn how to get started.