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California Eviction Notice

California Eviction Notice

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As a landlord, sometimes you have no choice but to evict a tenant. Giving your tenant an Eviction Notice (more formally known as Notice to Quit in California) is the first step in attempting to remove a tenant from a rental property. California law requires a landlord to give a tenant proper notice before the eviction process can begin. Use a California Eviction Notice if you want to begin the process of removing your tenant.
As a landlord, sometimes you have no choice but to evict a tenant. Giving your tenant an Eviction Notice (more formally known as Notice to Quit in California) is the first step in attempting to remove a tenant from a rental property. California law requires a landlord to give a tenant proper notice before the eviction process can begin. Use a California Eviction Notice if you want to begin the process of removing your tenant.

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Categories:Types, Business/Law
Published by: RocketLawyer on May 01, 2012
Copyright:Attribution Non-commercial

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10/18/2013

3 DAY NOTICE TO PAY RENT OR QUIT

April 19th, 2012 Ryan Jagger Maria Rothschild 60 Arthur St. San Rafael, California 94901 TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT: 60 Arthur St., San Rafael, California 94901 PLEASE TAKE NOTICE that pursuant to the lease and/or rental agreement dated February 23, 2011 under which you hold the possession of the herein described premises there is now due, unpaid and delinquent rent in the total sum of $1,560.00, representing rent due for the period from February 01, 2012 to April 01, 2012. PLEASE TAKE FURTHER NOTICE that within THREE (3) days after service of this notice, you are hereby required to pay the above-listed amount in full OR quit the subject premises, move out, and deliver up possession of the same to Rob Mackabee. Failure to pay the rent in full OR vacate the premises WITHIN THREE (3) days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute legal proceedings for an unlawful detainer against you to recover rent, damages and possession of said premises. The following forms of payment will be accepted: -Cash -Personal Check Make payment to: Rob Mackabee Address: 123 Main St., Mill Valley, CA 94941 Payment must be made by: 8:00 PM on April 23, 2012 Phone Number: (415) 445-1234 THIS IS INTENDED AS A THREE (3) DAY LEGAL NOTICE FOR THE PURPOSE OF TERMINATING YOUR TENANCY. THIS TERMINATION OF TENANCY IS IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE § 1161. LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF CALIFORNIA INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A
© This is a RocketLawyer.com Legal Document ©

WAIVER OF SUCH RIGHTS AND REMEDIES. Dated: _________________ By: ______________________________ Rob Mackabee Premium Properties, Inc 123 Main St., Mill Valley, CA 94941 (415) 445-1234

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PROOF OF SERVICE I, the undersigned, being at least 18 years of age, declare under penalty of perjury that I served the above notice, of which this is a true copy, on the following tenant(s) in possession in the manner(s) indicated below: __ On _____________, I handed the notice to the tenant(s) personally. __ On _____________, after attempting personal service, I handed the notice to a person of suitable age and discretion at the residence/business of the tenant(s), AND I deposited a true copy in the U.S. Mail, in a sealed envelope with postage fully prepaid, addressed to the tenant(s) at his/her place of residence. __ On _____________, after attempting service in both manners indicated previously, I posted the notice in a conspicuous place at the residence of the tenant(s), AND I deposited a true copy in the U.S. Mail, in a sealed envelope with postage fully prepaid, addressed to the tenant(s) at his/her/their place of residence. Executed on ____________________ Served by ______________________

© This is a RocketLawyer.com Legal Document ©

How to Evict a Tenant in California
In California, a landlord may be able to evict a tenant if the tenant: Fails to pay the rent on time; Violates the lease or rental agreement and does not fix the violation (like keeping pets when not allowed); Damages the property; or Uses the property for illegal purposes.

A landlord can also evict a tenant: If the tenant stays after the lease is up, or If the landlord terminates the rental or lease agreement by giving proper notice.

Evicting a Tenant Landlords must follow a series of steps in order to legally evict a tenant. This is the case whether the lease or rental agreement is in writing or was a verbal agreement. First, the landlord must give the tenant(s) written notice. If the notice allows a tenant to fix the problem, such as pay past due rent or to remove a pet, the landlord can only evict if the tenant does not fix what is asked in the notice. If the notice is without cause, such as a 30-day notice to move out in a month-to-month tenancy, the landlord can file eviction (unlawful detainer) lawsuit in superior court as soon as the notice period ends. If the landlord has followed all the proper procedures, and the tenant either does not answer the court papers, or the tenant answers but the court decides in favor of the landlord, the court will order the sheriff to evict the tenant. If the court decides in favor of the tenant, the tenant will get to stay. It is against the law for landlords to evict tenants on their own, without going to court AND getting a court order directing the tenant to move out. Even if the tenant is months behind on the rent, without a court order the landlord CANNOT: Physically remove the tenant; Get rid of the tenant's personal property; Lock the tenant out; Shut off the utilities, like water or electricity; or Change the locks.

The Unlawful Detainer Process

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The court process for an unlawful detainer case usually takes about 30 days. The tenant has 5 days to file a response after being served with the landlord's complaint. Then, the court will schedule a trial within 20 days of the landlord's request. The trial usually takes less than an hour. If the landlord wins, the tenant usually has about 5 days to move out. It depends on how fast the sheriff posts the property with the lock-out order. The lock-out order will allow the sheriff to lock the tenant out if the tenant does not leave the premises with his or her belongings within 5 days of the posting. Getting Help Evictions can be complicated. The landlord and tenant do not have to get a lawyer. But there are strict laws and court rules, as well as forms you have to fill out, file, and serve. The rules and forms are complicated. And if you do not do things correctly, you may lose your case. Also, there are some cities that have special rent control laws that can complicate your case. If you have further questions or need additional assistance regarding the unlawful detainer process, you can use Rocket Lawyer's "Find a Lawyer" service to find a Real Estate attorney in your area to assist you in this matter. Special Circumstances There are several special circumstances where special rules may apply: If the tenant works for the landlord and lives on the property. If the tenant works for the landlord and lives on the property without paying rent as a condition of employment, the landlord can file an unlawful detainer if the tenant no longer works for the landlord. It does not matter if the tenant quits or is laid off. If a tenant lives in a residential hotel. If the tenant lives in a residential hotel that has 6 or more rooms for 30 days or more and the hotel is the tenant's primary residence, the tenant has the same legal rights as a regular tenant. The manager is not allowed to make the tenant check out and reregister to prevent him or her from gaining the legal rights of a tenant. If the tenant lives in mobile home or RV park. There are special rules for tenants in mobile homes and RV parks. For more information refer to your local superior court. If there is a foreclosure on the rental unit. If a tenant is in good standing and the property goes into foreclosure through no fault of the tenant, the new owner must honor the existing lease. BUT in a month-to-month tenancy or when the people occupying the property are the owners who are being foreclosed on, the new owner can evict the tenants or former owners. In these cases, the new owner may either (1) offer the existing tenants a new lease or rental agreement or (2) begin eviction proceedings. If the new owner chooses to evict existing tenants, the new owner must give tenants at least 90 days' notice before starting eviction proceedings, unless the tenants are the former owners, in which case a 3© This is a RocketLawyer.com Legal Document ©

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day notice is required. Resolving the Case Out of Court Mediation can often be a very good choice for landlords and tenants who have a dispute. In mediation, both sides meet with a neutral person who is specially trained to help people resolve their disputes. In mediation, everyone works together to reach an agreement, instead of having the judge or jury make a decision. If the parties fail to reach an agreement, they can still go to court for a judge or jury to decide their case. Many landlord-tenant disagreements can be due to misunderstandings. There may be disagreement over a rent increase, responsibility for repairs, or return of a security deposit. Some of these disagreements can be solved by talking them out. Mediation is also a valuable resource in eviction cases. It can save the landlord AND the tenant time and money, help the parties agree if and when the tenant will move out or pay the landlord money, facilitate agreements to make repairs to the property, and protect the tenant from getting an eviction judgment on his or her record. The landlord and tenant can: Try to work out an agreement on their own, or Ask a mediator to help them.

A mediator helps the landlord and tenant to come to a mutually agreeable solution. The process is less hostile than going to court. The mediator will not force you to reach an agreement. Whether you decide to resolve your dispute, and how you resolve it, is up to you. If you cannot settle, you can still go to court to have judge or jury decide. There is nothing to lose by trying mediation, and there is a lot to gain.

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If you are unsure or have questions regarding the notice or need additional assistance with the eviction process, go to: www.courts.ca.gov/selfhelp-eviction.htm OR use Rocket Lawyer's "Find a Lawyer" service to find a Real Estate attorney in your area to assist you in the matter.

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