For a landlord to evict you legally, he or she must first give you a notice to move out or give you a chance to fix the problem (like paying the rent). If you do not do what the notice asks before the time in the notice runs out, the landlord then can file an unlawful detainer case.
What type of Notice must be given is complicated and technical. If you think your landlord gave you the wrong notice or made a mistake on the notice, talk to a lawyer because it may help you with your case. Notices are not court forms, but many notice forms are available at stores that carry business or legal forms. Sometimes the forms do not comply with California law, so make sure that the notice has all the legal requirements, because if it does not, you may have a defense to the eviction case.
Keep in mind that in some cases, a landlord can give a tenant more than 1 notice at the same time. Treat all the notices you may receive as valid.
There are different types of notices, as explained in the following table.
3-Day Notice to Perform Covenants or Quit Landlords can use this kind of notice if the tenant is violating terms of the lease or rental agreement and the problem can be fixed. For example, if the tenant has moved in a pet without permission, or is not keeping the unit clean, or is violating some other term of the agreement, the notice must ask the tenant to correct the violation within 3 days or move out.
The notice must:
3-Day Notice to Quit Pay or Quit This kind of notice is used if there have been ongoing problems with the tenant who:
Causes or allows a “nuisance” on the property;
Uses the property to do something illegal (like sell drugs);
Threatens the health and safety of other tenants or the general public;
Commits waste (damage) that lowers the value of the property significantly; or
Moves in other tenants (subtenants) without the landlord’s permission.
30-Day or 60-Day Notice to Quit A landlord can use a 30 day-notice to end a month-to-month tenancy if the tenant has been renting for less than a year. A landlord should use a 60-day notice if the tenant has been renting for 1 year or more and the landlord wants the tenant to move out.
The notice must:
90-Day Notice to Quit A landlord must use this kind of notice if the tenant is in subsidized housing (Section 8). The landlord must explain why he or she is asking the tenant to move out, and the landlord must have good reasons (“just cause”) to ask the tenant to leave.
In general, once a landlord gives you notice, you can:
Hire an Attorney to defend you
Do what the notice asks within the time allowed,
Not do what the notice asks, or
Try to reach an agreement with the landlord.
If you do not do what the notice asks, the landlord can file an unlawful detainer case in court to evict you and collect back rent. If you do what the notice requires (like pay the back rent in full), then the landlord cannot file an unlawful detainer case. If he or she does anyway, you can successfully defend yourself against it.
If the landlord does not wait until the notice period runs out to file the eviction case in court, you can ask the court to dismiss the case.
To count the days in the notice period:
The first day is the day after the notice is served.
Then count every day on the calendar, including weekends and holidays.
If the last day of the notice period falls on a holiday or weekend, then the notice period ends the next work day.
If the landlord does not serve the notice in person and has to mail a second copy, the notice period starts running the day after he or she mails the notice.
If you have not done what the eviction notice asks by the time the notice runs out, the landlord will file papers in court.. The landlord will file a Summons and Complaint for an unlawful detainer (eviction) at the court. In the Simplest Terms YOU WILL GET SUED
After you are served with the Summons and Complaint, you must file a response to the lawsuit with the court if you want to defend yourself in the case. The response must be in the proper legal form. It is not enough to call or write a letter to the landlord. It is also not enough to write a letter to the court. And you MUST file your response within the deadline. IF YOU DO NOT FILE YOUR RESPONSE ON TIME YOU WILL AUTOMATICALLY LOSE
Deadlines for Responding
If you were served in person, you have 5 days to respond. Weekends are counted (holidays are not), but the 5th day must be a work day. So if the 5 days run out on a Saturday or Sunday, the tenant has until the end of the day on Monday (or Tuesday, if Monday is a holiday) to file a response.
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If You Do Not File a Response
If you do not file a response within 5 days, the landlord can evict you without you having a say in the case. This can affect your ability to rent in the future because you will have an eviction on your record. And if the landlord says you owe money for back rent and you do not answer, the landlord may be able to take that money from your paycheck or bank account. An eviction can also affect your credit record.
Even if you decide you are going to leave the rental unit and not fight the eviction, it is a good idea to file a response. If you do not and the landlord wins the case, it may be more difficult for you to rent another place later because the judgment goes on your record.
Also, it is possible that the landlord may not dismiss the case even if you paid the rent and leave the unit clean. (It is a good idea for you to keep records of the rent paid and take photos so you have proof that you left the apartment clean.)
More than 1 Tenant in the Case
If there is more than 1 tenant in the case, each tenant who wants to present a defense needs to answer. If they want, tenants can share an answer form. But each tenant must sign the form and pay a separate filing fee.
Having an eviction on your credit record can make it harder to rent in the future, so think carefully before making yourself a party to an unlawful detainer case if you were not named in it by the landlord. (If you are a tenant in a foreclosed property, you may join an eviction case without having the case show up on your credit record. Talk to us to learn more).
If the Landlord Wins
If the judge or jury decides the landlord has the right to evict you, the judge will give the landlord a Judgment of Possession. The judge or jury may also order you to pay back rent, damages, and costs, like filing fees and attorney fees (if this is in the rental agreement). The landlord may also be able to get money for the rent that he or she could have gotten for the rental unit while you were there illegally. If the court finds that you only stayed in the unit to be mean, spiteful, or to make the landlord suffer, the court may order you to pay a penalty of up to $600.
The court will give the landlord a Judgment of Possession (Form UD-110). This gives the landlord possession of the property.
Then, the landlord must fill out have the court clerk issue a Writ of Execution (Form EJ-130) and take the writ to the sheriff. This lets the sheriff remove and lock you out of the property.
The sheriff will serve you with a notice to vacate the property. This gives you 5 days to move. If you do not move, the sheriff will remove you from the rental unit and lock you out.
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