Do you need to evict a tenant?
Are you a landlord having problems with your tenant? Perhaps your tenant stopped paying rent. Perhaps your tenant is violating a term of the rental agreement, such as smoking or keeping pets, when the lease states that smoking or pets are not allowed. Or maybe your tenant is damaging your home or causing a nuisance to your neighbors. If any of these scenarios sound familiar, you may need to evict your tenant.
The first step necessary for a successful eviction based on any of the above reasons is the 3-day eviction notice. The landlord is required to write and serve the notice of termination to the tenant before starting an eviction case in court. Notice is an absolute prerequisite for an eviction case that is based on any of the above reasons. Also, the landlord and tenant CANNOT cancel the notification requirement. Any provision in the rental agreement that says that a 3-day notice is not required cannot be enforced.
It is critical that the termination notice is completed correctly. An incorrect termination notice could invalidate your entire eviction, costing you more time and money because you would have to start the process all over again. If you do not include the correct information on your termination notice, or if you submit it incorrectly, you will likely lose your eviction case. Los Angeles courts are very strict in ensuring that the notice is accurate. If you have any questions about the legality of your notice, consult a legal professional immediately.
The type of 3-day eviction notice you give your tenant will vary depending on the reason for the eviction. For example, if your tenant is behind on rent, you must give them a “3-day notice to pay rent or vacate.” This means that within 3 days of proper notice to the tenant, the tenant must either pay the rent owed or move out of the house. If your tenant is violating a term of the rental agreement, you must notify the tenant of a “3-day notice to cure the agreement or eviction.” This type of notice gives the tenant 3 days to correct their violation. It is important to note that if your tenant “cures” his violation within 3 days, whether he pays the rent or complies with the terms of the rental agreement, he cannot evict him based on the 3-day notice if he has corrected the trouble.
There is another type of termination notice called a “3-Day Waiver Notice.” This type of termination notice does not allow the tenant to “cure” his violation. This can only be used if the tenant is damaging the property, causing nuisance, or illegally assigning or subletting. Strict guidelines must be adhered to.
Regardless of the type of 3-day notice used, homeowners should ensure that they include the proper language in the 3-day notice and deliver the 3-day notice correctly. Failure to do either can cause the landlord to lose the eviction case. Read more about how to evict a tenant.