California Notice to Quit
California Notice to Quit - What is it?
The California Notice to Quit is a type of eviction notice form used by landlords, property managers, and property management companies to notify tenants that they must either comply with an order, or quit and give up possession of the rental property within a certain period of time. California Notice to Quit forms are commonly used to inform the tenant of nonpayment of rent, lease termination, and health hazard or injury to the property.
California Notice to Quit - Why is it important?
You can use the notice to quit form to end your California Residential Lease if the tenant has failed to pay rent. The California Notice to Quit Form should not be confused with the "Writ of Possession" (read more about California eviction notice) which is issued by the courts. The Notice to Quit Form is the beginning of the eviction process, and it communicates the intention to initiate eviction proceedings if a tenant does not comply with an order and remains on the premises beyond the specified date. If the tenant does not comply with the notice (for example they must pay rent or quit the lease and vacate the premises), you may be forced to take legal action to have the tenant removed from the property. If the notice has been ignored by the tenant and the move out date in the notice has passed, you have grounds to bring forth a lawsuit for "unlawful detainer", in which case the tenant has the option to fight the eviction in court.
California Notice to Quit - When should it be used?
Before the eviction process, when a landlord or property manager in California wants a tenant to either comply with an order or vacate the rental property if they cannot comply, they will use the California Notice to Quit Form to inform tenants they must remedy the problem within a short period of time (often 3-7 days), or leave the premises (quit) by a certain date (usually 30 days).
California Notice to Quit - What should be included?
The California Notice to Quit Form must contain the reason for serving the Notice to Quit and the amount of time the tenant has. The problem must be clearly stated on the notice, so the tenant has reasonable awareness and can either correct the issue, or vacate the rental property. Here are some of the basic details that should be included if the rental property is in California:
California Notice to Quit - What should I do with it?
The Notice to Quit Form must be "served" to the tenant by either Personal Service or Mail Service. In some states you can leave it at the rental property right on the front door, but in most cases it is better for you to have an independent party take two copies of the California Notice to Quit to the rental property, give one to the tenant in person, and get their signature on second copy so that you can retain for your records. If you are mailing the Notice to Quit, you should send the California Notice to Quit Form using First Class Certified Mail and retain the receipt.
California Notice to Quit - What else should I know?
There are generally three types of California Notice to Quit Forms. The California Notice to Quit for Nonpayment of Rent can be used when rent is not paid, and the tenant may be given a short period to either pay up or move out. The California Notice to Quit Form for Termination of Tenancy is similar to the California Notice to Vacate Form and can be used to inform the tenant to leave after the lease is up (common with month to month leases in California), or if there is no lease and you just want the tenant to leave. It is different from the California Lease Termination Form, which terminates the California Lease Agreement when there are other breaches in contract. The California Notice to Quit Form for Health Hazard and Physical Injury should be used if the tenant creates a health hazard or physical injury to the property which is serious or continuing. These forms must be detailed and specific, because an inaccurate or incomplete statement of the problems could cause a later eviction complaint to be dismissed.
After receiving the Notice to Quit, the amount of time a tenant has until they have to comply or vacate the property will vary by state, so you should be sure to check with the laws in California. In some states, tenants are given a 30 Day Notice to Quit, while in other states, a 3 Day Notice to Quit is acceptable.
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