TENANTS LEGAL CENTER
OF SAN DIEGO
EVICTION NOTICES
DEFEND YOUR
RIGHTS IN AN EVICTION CASE
The following is a description of the more common EVICTION NOTICES given by a landlord before filing a lawsuit. If you get one of these, seek legal advice before responding since
what you say or write will be used against you!
1. 30 DAY NOTICE OF TERMINATION OF TENANCY in writing is required to terminate a month to month periodic tenancy of less than a year for residential or for commercial tenancies of any length, tenancies at will or following a foreclosure of a commercial property. The notice generally need not state a cause, but it cannot be retaliatory, discriminatory, or otherwise illegal. Different rules apply for Govt. subsidized housing (i.e. Section 8 or other programs). Notices subsequent to a foreclosure generally will indicate that purpose in the notice.
The City of San Diego has a law which requires GOOD CAUSE for a tenant to be evicted who is on a month to month residential tenancy of at least TWO years and that the good cause must be written in the notice.
The GOOD CAUSE law
2. 60 DAY NOTICE OF TERMINATION OF TENANCY is required in a periodic residential tenancy if any TENANT or RESIDENT has been there for at least a year or for tenants living in a dwelling at the time of a foreclosure sale
EXCEPTIONS TO THE 60 DAY NOTICE RULE
a. When the landlord is selling the unit to a person (i.e. not an entity), the notice is given within 120 days of opening an escrow, there have been no prior notices to quit (as per Civil Code 1946) and the buyer intends to live in the home for at least one year.
b. Tenants remaining in a dwelling after a foreclosure sale who were also named on the foreclosed deed unless you qualify under the new Federal Law.
c. Certain "Tenants at will" may not be included within this law.
d. Commercial tenancies
3. 90 DAY NOTICE of termination of tenancies for certain subsidized residential month to month tenancies when good cause is not needed. Under Federal Law, if you are a renter on a month to month tenancy, you may be entitled to a 90 day notice to vacate after a foreclosure sale as long as you qualify. You may also receive a 90day notice under this Federal Law if the property is sold to a person who will be living there even if you had a lease.
4. 3 DAY NOTICE TO PAY RENT OR QUIT notifies the TENANT that rent is past due and to pay the rent in 3 days or vacate. If the TENANT vacates within the 3 days, he/she is NOT relieved from the rent obligation under the lease or rental agreement.
5. 3 DAY NOTICE TO CURE BREACH (sometimes called PERFORM COVENANT) OR QUIT. This notifies a TENANT that he/she has 3 days to do or stop doing something as per the rental agreement or the law. If the TENANT vacates within the 3 days, he/she is NOT relieved from the rent obligation under the lease or rental agreement.
6. 3 DAY NOTICE TO QUIT is generally used in cases of nuisance, waste, illegal activity, unlawful assignment or sublease or for a former owner after a foreclosure. In these cases, the LANDLORD is not giving the TENANT/occupant any opportunity to correct anything or pay any rent. The LANDLORD is simply demanding that the TENANT vacate the property within 3 days.
TENANTS MAY GIVE THEIR OWN NOTICE TO VACATE as many days in advance as required by the tenancy (i.e. 30 days notice in a month to month, 7 days in a week to week tenancy etc.). Such notices are not applicable with fixed term leases. If you want to break your lease, get legal advice since serving your own 30 day notice and then moving out DOES NOT terminate the lease and can cost you plenty! Also, use caution before serving this notice since once given, it cannot be retracted unless the landlord accepts the retraction.
COUNTING THE DAYS OF NOTICES
Notices may generally be served any day in the month. To count the days of a notice, you begin on next day after service as the first day. Weekends and holidays are counted but the last day of a notice may not land on a weekend or holiday. If it does, then the "last day" carries over to the next business day. For example, if a 3 day notice to pay rent is served on a Thursday, we count Friday as the first day Sunday is the third day. Since the last day cannot be a Sunday, the "third day" is then Monday (giving the tenant four days instead of three) to pay the rent. If that Monday was a legal holiday, then Tuesday would then be the "third" day (giving the tenant five days instead of three) to pay the rent.
SPECIAL FORECLOSURE NOTICE
By law, you have certain rights in Foreclosure Evictions and you must now receive a notice explaining them as follows:
Notice as per CCP section 1161(c)
Notice to Any Renters Living At [street address of the unit]
The attached notice means that your home was recently sold in foreclosure and the new owner plans to evict you.
You should talk to a lawyer NOW to see what your rights are. You may receive court papers in a few days. If your name is on the papers it may hurt your credit if you do not respond and simply move out. Also, if you do not respond within five days of receiving the papers, even if you are not named in the papers, you will likely lose any rights you may have. In some cases, you can respond without hurting your credit. You should ask a lawyer about it. You may have the right to stay in your home for 90 days or longer, regardless of any deadlines stated on any attached papers. In some cases and in some cities with a “just cause for eviction law,” you may not have to move at all. But you must take the proper legal steps in order to protect
your rights. How to Get Legal Help If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California legal Services Web site(www.lawhelpcalifornia.org), the California Courts Online Self-Help Center(www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association.
AND IN SOME CASES THE FOLLOWING LANGUAGE IS REQUIRED
You may have the right to stay in your home for longer than 90 days. If you have a lease that ends more than 90 days from now, the new owner must honor the lease under many circumstances. Also, in some cases and in some cities with a “just cause for eviction law,” you may not have to move at all. But you must take the proper legal steps in order to protect your rights.
After the expiration of an eviction notice, if you are still in possession of the rental unit, the landlord may file an UNLAWFUL DETAINER (eviction) lawsuit against you. You must act fast to protect and DEFEND YOUR RIGHTS!!
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California law for San Diego is applied in these pages. Such laws may or may not be applicable in other jurisdictions. The information provided herein is of a general nature and is not intended to be taken as specific legal advice. For legal advice in a particular situation, promptly consult with an appropriate attorney.