30 day notice - Landlord Forum thread 353878

30 day notice by Karen Tucker (CA) on August 16, 2017 @20:34

I have a month to month rentel agreement it states in it both party has to give a 30 notice to vacate. I gave my tenet a 30 day notice and then she refused to pay rent so I gave her a 3day to quit I have found out that I have to wait for 30 day to start the eviction so I will my tenet is claiming that we are suppose to give her a 3 day first then a thirty my question is I didn't know she wasn't going to pay the rent I needed the house back and so I did what our rental agreement stated please tell me if I am on the right track

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Look at the menu on the right by Anonymous on August 17, 2017 @01:16	[ Reply ]

Landlord Tenant Law. Click on the California Landlord Tenant Booklet. On page 50 there are answers to your questions. I c&p part of page 68.cIt looks as if you can give them a thirty-six notice for them to move out AS WELL as a 3-day-or-quit notice for failure to pay rent. The two instances are not related by law. If you are on the 4th day of your 3-day notice, you can now go file an unlawful detainer and have it served. Tenants have ten calendar days to respond. I would suggest you hire a lawyer with some experience in unlawful detainers. It will cost you aboutbeing$1000 and will be the best $1k you will ever spend. From the California Landlord-Tenant Booklet Written Notices of termination 30-day or 60-day notice A landlord who wants to terminate (end) a month-to-month tenancy can do so by properly serving a written 30-day or 60-day notice on the tenant. Generally, a 30-day or 60-day notice doesn’t have to state the landlord’s reason for ending the tenancy. the 30-day or 60-day Notice is discussed on pages 49–51, and proper service of notices is discussed on page 71. in some localities or circumstances, special rules may apply to 30-day or 60-day notices: • some rent control cities require “just cause” for eviction, and the landlord’s notice must state the reason for termination. • subsidized housing programs may limit allowable reasons for eviction, and may require that the notice state one of these reasons (see page 51–52). • some reasons for eviction are unlawful. For example, an eviction cannot be retaliatory or discriminatory (see page 79). • A landlord cannot evict a tenant for the reason that the water heater needs to be braced to protect against earthquake damage.280 How to respond to a 30-day or 60-day notice suppose that the landlord has properly served you with a 30-day or 60-day notice to terminate the tenancy. during the 30-day or 60-day period, you should either move out or try to make arrangements with the landlord to stay. if you want to continue to occupy the rental unit, ask the landlord what you need to do to make that possible. While a landlord is not required to state a reason for giving a 30-day or 60-day notice, most landlords do have a reason for terminating a tenancy. if you want to stay, it’s helpful to know what you can do to make your relationship with the landlord a better one. if your landlord agrees that you can continue to occupy the rental unit, it’s important that your agreement with the landlord be in writing. the written agreement might be an attachment to your lease or rental agreement that both the landlord and you sign, or an exchange of letters between you and the landlord that states the details of your agreement. having the agreement in writing ensures that you and your landlord are clear about your future relationship. if the landlord doesn’t agree to your staying, you will have to move out. You should do so by the end of the 30th or 60th day. take all of your personal belongings with you, and leave the rental property at least as clean as when you rented it. this will help with the refund of your security deposit (see “Refunds of security deposits,” pages 53–65). if you have haven’t moved at the end of the 30th or 60th day, you will be unlawfully occupying the rental unit, and the landlord can file an unlawful detainer (eviction) lawsuit to evict you. if you believe that the landlord has acted unlawfully in giving you a 30-day or 60-day notice, or that you have a valid defense to an unlawful detainer lawsuit, you should carefully weigh the pros and cons of contesting the landlord’s likely eviction lawsuit against you if you don’t move out. As part of your decision-making process, you may wish to consult with a lawyer, legal aid organization, tenant-landlord program, or housing clinic. (see “Getting help From a third party,” pages 81–82.) three-day notice A landlord can use a written three-day notice (eviction notice) if the tenant has done any of the following:281 • Failed to pay the rent. • Violated any provision of the lease or rental agreement.0 or 60-day notice A landlord who wants to terminate (end) a month-to-month tenancy can do so by properly serving a written 30-day or 60-day notice on the tenant. Generally, a 30-day or 60-day notice doesn’t have to state the landlord’s reason for ending the tenancy. the 30-day or 60-day Notice is discussed on pages 49–51, and proper service of notices is discussed on page 71. in some localities or circumstances, special rules may apply to 30-day or 60-day notices: • some rent control cities require “just cause” for eviction, and the landlord’s notice must state the reason for termination. • subsidized housing programs may limit allowable reasons for eviction, and may require that the notice state one of these reasons (see page 51–52). • some reasons for eviction are unlawful. For example, an eviction cannot be retaliatory or discriminatory (see page 79). • A landlord cannot evict a tenant for the reason that the water heater needs to be braced to protect against earthquake damage.280 How to respond to a 30-day or 60-day notice suppose that the landlord has properly served you with a 30-day or 60-day notice to terminate the tenancy. during the 30-day or 60-day period, you should either move out or try to make arrangements with the landlord to stay. if you want to continue to occupy the rental unit, ask the landlord what you need to do to make that possible. While a landlord is not required to state a reason for giving a 30-day or 60-day notice, most landlords do have a reason for terminating a tenancy. if you want to stay, it’s helpful to know what you can do to make your relationship with the landlord a better one. if your landlord agrees that you can continue to occupy the rental unit, it’s important that your agreement with the landlord be in writing. the written agreement might be an attachment to your lease or rental agreement that both the landlord and you sign, or an exchange of letters between you and the landlord that states the details of your agreement. having the agreement in writing ensures that you and your landlord are clear about your future relationship. if the landlord doesn’t agree to your staying, you will have to move out. You should do so by the end of the 30th or 60th day. take all of your personal belongings with you, and leave the rental property at least as clean as when you rented it. this will help with the refund of your security deposit (see “Refunds of security deposits,” pages 53–65). if you have haven’t moved at the end of the 30th or 60th day, you will be unlawfully occupying the rental unit, and the landlord can file an unlawful detainer (eviction) lawsuit to evict you. if you believe that the landlord has acted unlawfully in giving you a 30-day or 60-day notice, or that you have a valid defense to an unlawful detainer lawsuit, you should carefully weigh the pros and cons of contesting the landlord’s likely eviction lawsuit against you if you don’t move out. As part of your decision-making process, you may wish to consult with a lawyer, legal aid organization, tenant-landlord program, or housing clinic. (see “Getting help From a third party,” pages 81–82.) three-day notice A landlord can use a written three-day notice (eviction notice) if the tenant has done any of the following:281 • Failed to pay the rent. • Violated any provision of the lease or rental agreement.

Re: 30 day notice by Anonymous on August 17, 2017 @09:53	[ Reply ]

giving the 3 day notice canceled out the 30 day notice by reinstaing the month to month rental agreement. you should have moved foward with the 30 day notice and then included the missed rent payment in the security deposit settlement statement. be sure to offer your tenant notice about requesting a walk thru to avoid any other problems.

Re: 30 day notice

Re: 30 day notice by Kat (CA) on August 19, 2017 @21:33	[ Reply ]

Don't take legal advice about evictions from your tenant or other renters. Read the landlord tenant guide: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf And check your county courthouse for the unlawful detainer packet of forms. Follow the instructions carefully. If confused, contact a landlord/tenant lawyer because a general lawyer may not have the right information. In California you don't have to wait 30 days to start eviction.

Re: 30 day notice by anon (ca) on August 23, 2017 @18:32	[ Reply ]

You need to serve the 3-day-notice. Then, there is a 5-day-period for tenant to think about responding to you. Then, you need to have another party or service serve a second 3-day-notice for eviction. Next, they leave voluntarily or you or the tenant requests a trial date for eviction.