You're reading this because you own rental property, you've received an eviction notice from your tenant, or you might be about to receive one. There's good news and bad news: the advice here is for landlords who are still in possession of their property. If not, they need to call a lawyer.
There are three general types of eviction notices landlords will receive: a three-day notice to pay rent or quit (a "3-day notice"); a thirty-day notice to fulfill the lease or quit ("30-Day Notice"); and a two-week notice with no explanation ("2 Week Notice"). We're going to explain these three types and the pros and cons of each.
First, let's dispel the myth that these kinds of eviction notices are "illegal." We've spoken with a number of landlords who believed that they couldn't legally serve any kind of notice at all. And indeed, the courts have been critical of landlords who use these notices. For example, tenants in one court case were successful because their landlord had served them with an illegal 3-day notice. But the judge issued an opinion saying that he would not enforce the illegal notice against the tenant. The law surrounding eviction notices is complex, and it's easy to be confused as a landlord. So here's the bottom line: eviction notices are legal in California, but there are strict rules on when and how they can be used.
The first type of eviction notice we'll discuss is the 3-day notice to pay rent or quit (also known as a 3-day notice). Remember that these kinds of notices can only be given to tenants who live in houses or apartments. If you're a landlord with multiple units, you'll need this kind of notice regardless of whether your tenant is behind on their rent. Many landlords choose not to use this kind of notice because it has an expiration date and is very difficult for them to prove that the tenant was served with it. However, this type of notice is very common and is often required by a landlord's bank or a government agency. So let's look at the pros and cons of using this kind of notice.
The Pros: The 3-day eviction notice to pay rent or quit is the most common form landlords receive. It has an expiration date, so you're not stuck with the tenant as long as they stay on the premises after service of the notice. It's relatively easy to prove that a tenant received it by sending it by certified mail, return receipt requested (and attach copies). And it's easy to use - you simply fill out the form, copy it, and mail it to your tenant. Because this notice is so common, banks and other agencies that require you to evict your tenants often give landlords a specific form to use.
The Cons: The biggest con with this kind of notice is that there is no room for negotiation. You must either pay the rent or move the tenant from the premises by a certain date. And remember, these notices can only be used by landlords who own houses and apartments. You cannot use these kinds of notices if you have a condo or apartment complex. You also cannot serve the tenant with this kind of notice if they are not a month past due on their rent unless you have written proof that they've already paid the rent by way of cashier's check, money order, or bank check.
The 30-day eviction notice to fulfill the lease or quit (also known as a 30-day notice) can be used by landlords who own houses and apartments. It is also very common and is required by many banks and other agencies. This notice is very similar to the 3-day notice, with one key difference: it has no expiration date. You must either pay the rent or move the tenant by a certain date. So just like the 3-day notice, this kind of notice is not often used.
The Pros: The 30-day notice to fulfill the lease or quit allows you to use some negotiation tactics. After giving this type of notice to your tenant, you can offer them an ultimatum - pay within a period of time (usually 2 weeks), or we'll throw them out on the street and will charge you $500 and court costs if you want to follow through on that threat. Because this notice has no expiration date, you can use it for any tenant who lives in your house or apartment. You can use this notice even if the tenant is not one month past due on their rent, as long as you have a written lease or other proof that the rent is required. Your tenant will receive the notice, and will either pay up, or they'll move out within 2 weeks.
The Cons: This kind of notice isn't perfect because once again there's no room for negotiation. But one huge negative with this kind of notice is that it puts landlords in a bad light by raising red flags with banks and other agencies that require you to evict your tenants. If you're not careful, a 30-day notice to fulfill the lease or quit could end up costing you money. The landlord who gives this type of notice often ends up having to file a lawsuit for eviction in order to evict the tenant.
The 2-week eviction notice with no explanation (also known as 2-week notice) is often used by landlords who own houses and apartments. Again, it is very common and required by many banks and other agencies. You can use this kind of notice if the tenant has been one month past due on their rent for more than 14 days without paying; this would include money orders and cashier's checks.
The Pros: This kind of notice is very much like the 30-day notice to fulfill the lease or quit with one exception, you can use it even if you have not leased out your house or apartment. The 2-week notice is a relatively common eviction notice and it has no expiration date. This means that you can still evict your tenant by court order if they don't move out on the tenant by a certain date. The 2-week notice gives you more time to use negotiation tactics in order to get them out and gives you more options than just going to court after only serving them with a 3-day notice for nonpayment of rent.
The Cons: The biggest con of the 2-week notice is that it is illegal to use for tenants who live in condos or apartments. You will be breaking the law if you use this type of notice on a tenant who lives in a condo or apartment. There are some landlords who have gotten away with using this kind of notice anyway, but be warned - If you decide to serve this kind of notice on a tenant who lives in a condo or apartment, you will end up losing money because they will eventually have you evicted if you cause problems for them by trying to get them out this way.
For more information, you can visit Real Estate Calculators.
