April 5, 2023
Many may feel overwhelmed or confused by the eviction process. Before initiating an eviction action (unlawful detainer), the landlord must provide the tenant with written notice to vacate the residential property by the end of the notice period. With the timely notices, service of process, and filing requirements, one simple omission or error may result in the process being invalidated. This lack of compliance may lead to further delays and potentially restarting the entire process.
What are the Different Notices: 30 or 60-Day Notice to Vacate?
If a tenant has a residential lease agreement based on a monthly term, the landlord will have to issue a 30 or 60-day written notice to end the lease. A 30-day notice is required if the tenants lived in the unit for less than a year. If the tenants lived in the property for a year or longer, the landlord is required to provide them with a 60-day notice.
Generally, landlords are not required to provide a reason for requesting the tenant to vacate the premises. However, be aware of any local tenant protections such as those in the City of Los Angeles or rent stabilization ordinances that may apply. Under these regulations, the landlord is required to provide “just cause” or a reason specifically accounted for by the law in order to terminate the lease.
Just cause includes, but is not limited to, the tenant failing to pay rent, materially violating the lease agreement, or engaging in criminal activity. Other reasons that are not due to the fault of the tenants might include the landlord or their relative plans to move into the unit or the landlord wants to withdraw the property from the rental market. For these no-fault evictions, tenants may be entitled to a relocation assistance payment.
When is a 90-Day Notice Required?
Some landlords may be required to provide a 90-day notice to quit to tenants who live in Section 8 subsidized housing. Landlords must also have just cause to request a tenant to vacate the premises.
Aside from the 30,60, or 90-day notices to quit or vacate, the landlord can serve other written notices based on the circumstances such as the 3-day notice to pay rent or quit. Consult with a licensed attorney in your state to help you determine which notice is required in your situation.
All information provided is strictly educational and does not constitute legal advice. Any past or previous results do not guarantee future outcomes as results may vary. For legal advice, please consult with a licensed attorney.
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