3/30 Days Notice
Estates at Will (789)
- A tenancy may be terminated by a landlord by no less than 30 days and in some cases 60 days (outside of Berkeley or other cities that do not have Just Cause Ordinances).
- 30-day notice is served for landlord moving in or end of month-to-month tenancy.
- 3-day notice is served to tenant for non-payment of rent or breach of lease.
- If a tenant does not take proper action after receiving a 3/30 day notice (pay owed rent, move out, etc.), a landlord may file an unlawful detainer lawsuit.
Responses to an unlawful detainer lawsuit:
- Motion to Quash – Improperly served or improper form (notice must be by mail)
- Demurrer – No legal basis for eviction
- Answer – Response to landlord’s claims
Retaliatory evictions are prohibited (CC 1942.5)
- Tenant enjoys a rebuttal presumption of retaliation if formal complain against the landlord pertaining to the unit has been filed with a government agency within 180 days of the eviction notice.
Bottom line, clients have
- AT LEAST 33 days (before actual eviction) if you receive a 3-day notice
- AT LEAST 60 days (before actual eviction) if you receive a 30-day notice
Eviction and Rent Increase Limits
- Civil Code 1942.4 now provides that a landlord may not demand rent, increase rent, or issue a three-day notice to “pay or quit” if all of the following are true:
- The unit has serious violations that breach habitability standards
- The City has cited the violations
- The violations are not repaired within 35 days of the citation
- The tenant did not cause the code violations or block their corrections