Most unlawful detainer (eviction) lawsuits in California tend to be based upon a tenant’s failure to pay rent. In those cases, a landlord typically has to serve notice to the tenant and provide that tenant three days during which to catch up on the past due rent before he or she can file a lawsuit to evict the tenant. This notice is called a 3-Day Notice to Pay Rent or Quit and allows the tenant to essentially cure his or her default under the lease within that three-day window.
But in certain circumstances, a landlord may want to evict a tenant based upon the tenant’s actions, even if the tenant is caught up on rent. In those instances, it may be appropriate for the landlord to simply serve a 3-Day Notice to Quit. Unlike a 3-day Notice to Pay Rent or Quit, a 3-Day Notice to Quit does not afford the tenant an opportunity to cure his or her breach. Rather, the notice serves to notify the tenant that he or she must vacate and surrender the property, or be subject to a lawsuit to be evicted.
The following are some typical instances when a 3-Day Notice to Quit is used:
- The tenant is engaging in illegal activity on the property, such as selling drugs.
- The tenant is allowing or causing a nuisance on the property.
- The tenant’s continued possession of the property is threatening the health and safety of other tenants or the general public.
- The tenant is committing waste on the property, causing a decline in its value.
- The tenant has subletting the property without the landlord’s permission.
It is important to note that the 3-Day Notice to Quit contains certain requirements which differ from a 3-Day Notice to Pay Rent or Quit, such as stating the details and dates of the incidents which form the landlord’s basis for serving the notice.
For more information on how to properly evict a tenant under a 3-Day Notice to Quit, please contact us at info@thevclawgroup.com or 858.519.7333.