Types of Eviction Notices

1. Figure out what the Notice says

The eviction process starts with your landlord giving you a Notice to do or pay something, or to move out. If you don’t do what your landlord asks, they can start an eviction case to ask the judge to order you to move out.

After the landlord gives you the Notice it can take 30-45 days, or longer, for the eviction case to end. If you lose the case, the judge can order you to move out of your home.

There are different types of Notices with different deadlines

Some Notices give you a deadline to pay or fix a problem. If you don’t, you must move out by the deadline. These are called Notices to “pay or quit” or “perform covenants or quit.” The word “quit” means move out of the home.

Other Notices only give you a deadline to move out, like a 30-day Notice to Quit.

How to figure out your deadline

Each Notice starts with a number of days, like 15-day or 30-day. The number of days is the deadline. You start counting the day after you get the Notice.

There are 3-day, 15-day, 30-day, 60-day, or 90-day Notices to Quit. The number of days in the Notice is the deadline for when you have to do what the Notice says.

For the Notices that ask you to pay or fix a problem or move out, you do not count weekends or court holidays in the deadline.

For Notices to only move out by a deadline, you count each day. But, if the last day is a Saturday, Sunday, or a court holiday, then the deadline is the next business day.

Examples of different types of Notices

  • DO SOMETHING OR MOVE OUT
    • 15-day Notice to Pay or Quit means you must pay the past due rent, turn in a Declaration of COVID-19-Related Financial Distress, or move out within 15 days.
    • 3-day Notice to Perform Covenants or Quit means you must do something, like remove a pet from the house if the lease says “no pets”, or move out within 3 days.
  • MOVE OUT BY A DEADLINE
    • 3-day Notice to Quit means your landlord thinks you did something very serious to violate the lease and you must move out within 3 days.
    • 30-day or 60-day Notice to Quitmeans your landlord is ending your lease and you must move out by the deadline.

There are 3-day, 15-day, 30-day, 60-day, or 90-day Notices to Quit. The number of days in the Notice is the deadline for when you have to do what the Notice says.

15-day Notice to Pay or Quit to demand payment of COVID-19 rental debt

Your landlord can give you a 15-day Notice to Pay or Quit to demand payment of COVID-19 rental debt. COVID-19 rental debt is rent and other payments required under the rental agreement, like utilities or parking fees, that came due between March 1, 2020 to September 30, 2021.

If you have COVID-19 rental debt from sometime between September 1, 2020 and September 30, 2021, your landlord must give you:

  • First, a General Notice
  • Then, a 15-day Notice to Pay or Quit and a blank COVID-19 Related Financial Distress Declaration

If you have a high-income, your landlord may give you another Notice.

The 15-day Notice says that within 15 days (not including Saturdays, Sundays, or court holidays), you must either

  • Pay the past due rent
  • Give your landlord a completed COVID-19-Related Declaration of Financial Distress
  • Move out

If you don’t pay the rent, move out, or give your landlord the Declaration they can start an eviction case after the 15-day deadline passes.

How to  figure out your deadline

  • Day 1 is the 1st day after you got the Notice
  • Don’t include Saturdays, Sundays, or court holidays when counting the days

What happens if you give your landlord the Declaration

This temporarily stops your landlord from evicting you for not paying COVID-19 rental debt. But, you will still owe the debt and may be evicted in the future if you don’t pay a portion of it by September 30, 2021.

3-day (or more) Notice to Pay or Quit

Your landlord can use a 3-day (or more) Notice to Pay or Quit to demand

  • Payment of rent due (or other money owed under the lease or agreement, like parking fees) due October 1, 2021 to March 30, 2022.
  • Payment of 25% COVID-19 rental debt if you didn’t pay it by September 30, 2021 after turning in a Declaration of Financial Distress

A Notice to Pay Rent or Quit Notice is used when the landlord thinks their tenant is behind on rent. It’s asking the tenant to pay the back rent or move out (quit). The Notice also says you have 15 business days to complete a government rental assistance application.

The Notice must be in writing and include:

  • The tenant(s) full name(s)
  • The rental home address
  • Exactly how much rent they owe you
  • That all the past due rent must be paid within 3 days or you must move out
  • The name, address, and telephone number of the person to whom rent is due
  • If you can pay in person, the days and times they can pay the rent and the address where you can pay it
  • If you can pay by mail, the Notice must give the address where you can mail the payment
  • The phone number and web address of the government rental assistance program for where you rent
  • The below statement from the California Code of Civil Procedure 1179.10

THE NOTICE MUST HAVE IN AT LEAST 12-POINT FONT AND BOLD TEXT
“IMPORTANT NOTICE FROM THE STATE OF CALIFORNIA – YOU MUST TAKE ACTION TO AVOID AN EVICTION: As part of the state’s COVID-19 relief plan, money has been set aside to help renters who have fallen behind on rent or utility payments.

If you cannot pay the amount demanded in this notice, YOU SHOULD COMPLETE A RENTAL ASSISTANCE APPLICATION IMMEDIATELY! It is free and simple to apply. Citizenship or immigration status does not matter.

DO NOT DELAY! IF YOU DO NOT COMPLETE YOUR APPLICATION FOR RENTAL ASSISTANCE WITHIN 15 BUSINESS DAYS, YOUR LANDLORD MAY BE ABLE TO SUE TO OBTAIN A COURT ORDER FOR YOUR EVICTION.

2. Check if the Notice follows the law

  • The Notice has to be delivered the right way
  • The Notice has all the required information;  see above

If the landlord doesn’t follow these rules, the court may decide the eviction is invalid.

There are 3 ways to deliver a Notice

Hand deliver the Notice. This is when you, or someone else 18 or older, hands the Notice to one of the tenants.

Give the Notice to another adult in the home or where your tenant works and mail a copy to the tenant. The tenant’s deadline to do what the Notice says doesn’t start until the day after the Notice is mailed.

Post and mail the Notice. This is when you, or someone else 18 or older, posts a copy of the Notice on the home where your tenant lives and mails a copy to the tenant. The tenant’s deadline to do what the Notice says doesn’t start until the day after the Notice is mailed.

3. Decide what to do

If the Notice is for unpaid rent due

Apply for government rental assistance. Your landlord can’t start an eviction case for the unpaid rent while you wait for a decision on a completed application.

If you agree

You can do what the Notice says by the deadline. If you do, your landlord shouldn’t start an eviction court case.

If you partly agree or disagree

Talk to your landlord before the deadline. If there’s time, you can ask them to talk about the problem with a mediator – a person specially trained to help people agree. If you don’t reach an agreement by the deadline, your landlord can start an eviction case in court.

If you do nothing

Your landlord might start an eviction case in court. If you lose, a sheriff can make you leave the home. And, the fact you were evicted can be on your credit record for 7 years.

from California Courts

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