Importance of 3 Day Notice
A landlord can terminate (end) a month-to-month tenancy simply by giving the tenant 30 or 60 days’ advance written notice.
However, in order to evict the tenant, the landlord must first file an unlawful detainer lawsuit in Superior Court.
WRITTEN NOTICES OF TERMINATION
30-day or 60-day notice
A landlord who wants to terminate (end) a month-to-month tenancy can do so by properly serving a written 30-day or 60-day notice on the tenant. Generally, a 30-day or 60-day notice doesn’t have to state the landlord’s reason for ending the tenancy. The 30-Day or 60-Day Notice is discussed in Giving and Receiving Proper Notice, and proper service of notices is discussed below.
A landlord can use a written three-day notice (eviction notice) if the tenant has done any of the following:
- Failed to pay the rent.
- Violated any provision of the lease or rental agreement.
- Materially damaged the rental property (“committed waste”).
- Substantially interfered with other tenants (“committed a nuisance”).
- Committed domestic violence or sexual assault against, or stalked another tenant or subtenant on the premises.
- Used the rental property for an unlawful purpose.
- Engaged in drug dealing, unlawfully used, cultivated, imported, or manufactured illegal drugs.
- Using the building or property to conduct dogfighting or cockfighting.
- Unlawful conduct involving weapons or ammunition.
- Three-day notices are further explained below.
If the landlord gives the tenant a three-day notice because the tenant hasn’t paid the rent, the notice must accurately state the amount of rent that is due. In addition, the notice must state:
- The name, addressand telephone number of the person to whom the rent must be paid.
- If payment may be made in person, the usual days and hoursthat the person is available to receive the rent payment.
- If the address does not accept personal deliveries, then the tenant can mail the rent to the owner at the name and address stated in the three-day notice. If you can show proof that you mailed the rent to the stated name and address (for example, a receipt for certified mail), the law assumes that the rent payment is received by the owner on the date of postmark.
- Instead, the notice may state the name, street addressand account number of the financial institution where the rent payment may be made (if the institution is within five miles of the unit). If an electronic fund transfer procedure was previously established for paying rent, payment may be made using that procedure.
The landlord normally cannot require that the tenant pay the past-due rent in cash.
If the three-day notice is based on one of the other seven conditions listed above, the notice must either describe the tenant’s violation of the lease or rental agreement, or describe the tenant’s other improper conduct. The three-day notice must be properly served on the tenant
Depending on the type of violation, the three-day notice demands either (1) that the tenant correct the violation or leave the rental unit, or (2) that the tenant leave the rental unit. If the violation involves something that the tenant can correct (for example, the tenant hasn’t paid the rent, or the tenant has a pet but the lease doesn’t permit pets), the notice must give the tenant the option to correct the violation.
Failing to pay the rent, and most violations of the terms of a lease or rental agreement, can be corrected. In these situations, the three-day notice must give the tenant the option to correct the violation. However, the other three conditions listed above cannot be corrected, and the three-day notice can simply order the tenant to leave at the end of the three days.
If you pay the rent that is due or correct a correctable violation of the lease or rental agreement during the three-day notice period, the tenancy continues. If you attempt to pay all the past-due rent demanded after the three-day period expires, the landlord can either file a lawsuit to evict you or accept the rent payment. If the landlord accepts the rent, the landlord waives (gives up) the right to evict you based on late payment of rent.