In California, in order for an eviction notice to be legal, it must contain certain information about the tenancy and violation committed. If any appropriate details are missing and the case proceeds to court, the case may be postponed or dismissed by a judge.
Step 1: List Tenants’ Full Names
All adult tenants’ names must be included. It is important to make sure each adult household member is named individually if the landlord has to move forward with the eviction process.
Step 2: List Full Address
The full address for the rental premises must be included for legal purposes. This is extremely important so there is no confusion later in the eviction process when the court returns possession of the premises to the landlord.
Step 3: Include Grounds for Eviction
Include the reason why the tenant is facing eviction.
- For nonpayment of rent, include the total balance due for the current rental period plus any past delinquencies.
- For a lease violation, the tenant must have a clear understanding of the infraction and whether or not it can be corrected.
- For an incurable breach, indicate the specific breach or illegal conduct.
In some cases, even with lease violations or an incurable breach, the tenant may owe a balance due, which shall also be provided in the notice.
Step 4: Calculate and Include Termination Date
In California, all eviction notices take effect the day after they are served. Weekends and court holidays are not counted in the notice period, so only days that the courthouse is open may be counted. If the last day of the notice period falls on a weekend or court holiday, then the notice will not officially expire until the end of the next judicial day.
Step 5: Include Date Notice Served
This date is very important for a couple of reasons. For purposes of counting the proper number of days in the notice period, the date the notice is served is required. In addition, it tells the court when the notice was delivered to the tenants.
Step 6: Landlord’s Signature, Printed Name and Date
The landlord must sign, date and print their name on the notice to make it effective and legally compliant. Like all legal documents, the notice must be signed or it will not be enforced in court and the landlord will have to begin the eviction process over.
Step 7: Landlord’s Address and Phone Number
The landlord’s contact information gives the tenant a way to reach the landlord or drop off a payment for a balance due. In addition, the contact information provided must be a reliable method of contacting the landlord throughout the duration of the eviction process.
California Eviction & Lease Termination Notice Forms
|3 Day Notice to Quit||Unpaid Rent|
|3 Day Notice to Perform Covenants or Vacate||Lease Violation|
|3 Day Notice to Vacate||Incurable Breach|
|30 Day Notice to Vacate||Ending a Tenancy of Less than 1 Year|
|60 Day Notice to Vacate||Ending a Tenancy of More than 1 Year|
|Notice to Terminate Tenancy for No Fault Just Cause||Ending a Tenancy of More than 1 Year (No Fault Just Cause)|