The very first step in an Unlawful Detainer action is giving the tenant notice. You have to determine the reason for the notice, in order to determine which notice to give. Please be aware that the notice cannot be for a discriminatory purpose or for retaliation. So, the reason behind the notice is very important to establish.
There are three types of notices: three-day notice, thirty-day notice, a sixty-day notice, and a ninety-day notice. Now, notice is not required in all cases, but there are limited exceptions. Please see below for a brief explanation of which notice is required when.
There are three types of three-day notices. One is for failure to pay rent, or the full amount of rent. The other is for a breach in the lease that can be fixed. Did the tenant purchase an animal, but there is a specific no-pet clause in the lease? The final notice is for when a tenant: 1) assigned, sublet, or committed waste in the property, breaking the lease agreement, 2) kept or allowed a “nuisance” on the property, or 3) used the property to do something illegal (like selling drugs).
Thirty-Day Notice & Sixty-Day Notice
A thirty-day notice is given when you want to end a month-to-month tenancy for someone who has lived in the rental unit for less than one year. A sixty-day notice is given when the tenant has lived in the rental unit for a year or more.
A landlord must use this kind of notice if the tenant is in subsidized housing (Section 8). The landlord must explain why he or she is asking the tenant to move out, and the landlord must have good reasons (“just cause”) to ask the tenant to leave.
Should you need experienced attorneys, call Bristol, Haynes & Associates at (909) 466-5575 – we are here to help with all your questions and concerns.